Standard Business Terms and Customer Information
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to contracts, which you conclude with us as a supplier (HEIDEHOFstudios Dr. Hudson & Paetzold GbR) via our websites www.fit4dressage.de and www.dressurfit.de or by other means of distance communication. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Registration as a customer
(1) For the purpose of using our services a customer registration is required. The registration is free of charge and does not create any binding obligations.
(2) As part of the registration or your first order a customer account with your e-mail address and your chosen password is set up.
(3) After submitting the registration or first order, you will receive an e-mail containing an activation link. By clicking the link you activate your account.
The login data are strictly personal and confidential. The customer account cannot be transfered.
§ 3 Subject-matter and conclusion of the contract
(1) In the case of our “12‑week‑program” / club-membership, the contract subject matter is the delivery of digital content which is not supplied on a physical data carrier (provision of online video content).
In the case of our physical products, the contract subject matter is the selling of products.
(2) On placing the item in question on our website, we provide you with a binding offer to conclude a contract via the online shopping cart system under conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The items intended for purchase are moved to the “shopping cart”. You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, the order data will eventually be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system. If you are forwarded to the relevant instant payment system, choose and/or enter your details as appropriate. Finally, on the website of the provider of the instant payment system or, after you have been directed back into our online shop, the order data will be displayed as an order overview.
Before submitting the order, you have the option once more to review or change (you may also use the back button on your internet browser) any information on the order summary page or to cancel the transaction.
By submitting the order via the corresponding button you declare acceptance of the offer in a legally binding manner, and by doing so conclude the contract.
(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days (unless otherwise specified in the respective quote).
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 4 Contract duration / Cancellation – 12-Week Programme / Club-Membership.
(1) The contract as agreed between both parties for our “12‑week‑program” / club-membership is valid for a duration of 6 months (minimum duration). Commencement of the term begins upon conclusion of the contract.
If the contract is not terminated by one of the parties in written form (e.g. by e-mail) no later than 6 days before the end of the contract term, then it shall be automatically extended by 1 month.
(2) Full details of the extension of the contract are included within the agreement made between both parties.
(3) An email will be sent to you two weeks prior to the conclusion of the 6-month programme, that will remind you of the upcoming deadline.
(4) An alternative to sending a written confirmation of your wish to cancel the contract, it is possible to confirm cancellation of the contract via the necessary link in your (on-line) customer account page.
(5) This has no bearing on the right to cancel the contract without notice for an important reason.
§ 5 Service provision, important safety notes – “12‑week‑program” / club-membership
(1) The service is provided immediately after final agreement of the contract (or in the case of an agreed advance payment, from the date of your payment instruction) by activating your access to the online content via your customer account. You will also be informed about the account activation by e-mail.
You receive access to all digital content via an online streaming service. If offered, you can download individual digital content (download files) directly to your customer account.
(2) Please note: the video content, training advice and instructions provided with the programme should not replace the advice and consultancy given by either a professional fitness trainer, health consultant or doctor. It is your responsibility to ensure that you are physically fit, healthy, and capable of carrying out the exercises and training advice as explained in the programme. It is also your responsibility to realistically define and assess your own level of ability and the prerequisites required to undertake the programme. If experiencing any case of discomfort or pain whilst carrying out an exercise, then you should immediately take a break or stop the workout. Ensure that you stay adequately hydrated whilst performing all workouts and exercises.
(3) Should you be pregnant, have any known physical ailment, health impairment or illness, then we strongly recommend that you first seek medical advice from a doctor or health consultant before participating in any of the exercises and workouts included in our programme.
Should any of the following health conditions listed below apply to you, then consultation with your doctor or health advisor is strongly recommended before commencing with the programme:
Recently had a heart attack or have had a stroke
Wearing of a pacemaker
Experienced recent surgery (have existing wounds from surgery)
Congenital or acquired heart defects and/or damage, such as cardiac arrhythmias that occur or intensify under stress
Inflammation of any kind
Recently broken or fractured bones
Acute herniated disc
Acute joint discomfort
Acute thrombosis
Acute orthopaedic discomfort
Osteoporosis (e.g. extreme positions of the spine)
Currently pregnant
Post-natal, or have undergone a Caesarean birth
Diagnosed incontinent
Experience acute infections or colds
General discomfort, bloating of the stomach
Currently injured
(4) Participation in the exercises and workouts as presented to you as part of this programme is done so at your own risk.
§ 6 Licence to use
(1) The digital content we offer is copyright-protected. You will receive an operating licence according to the regulations listed below, unless otherwise specified in the respective quote.
(2) You are not allowed to access content for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the service, and solely for streaming. “Streaming” means a contemporaneous digital transmission of the material via the internet to a user operated internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.
§ 7 Licence to use – download products (so far as available)
(1) If download products are available (e.g. PDF files), they are copyright-protected. You will receive a simple operating license according to the regulations listed below, unless otherwise specified in the respective quote.
(2) The simple usage licence encompasses permission to save and/or record a copy of the download product on your computer or other electronic device for personal use.
You are not allowed to make any additional copies. You are explicitly prohibited from changing a file or parts thereof, processing it and making it privately or commercially available to external parties in any manner whatsoever.
§ 8 Special agreements related to the offered payment methods
SEPA direct debit note (base and/or corporate debit note)
If payment is to be made via an SEPA direct debit note, you authorise us to collect the billing amount from the specified account by issuing a corresponding SEPA mandate.
The debit note is collected within a period of 5 days after the conclusion of the contract.
The deadline for the sending of the pre-notification has been shortened to 5 days before the due date. You are obligated to ensure that the account in question possesses sufficient covering funds on the due date. If a return debit note comes into play on account of a situation in which you defaulted on your obligation, you have to pay the incidental bank charge.
§ 9 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
§ 10 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(3) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:
a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.
b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.
c) The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limit does not apply:
– to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
– insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
– to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;
– for statutory recourse claims, which you have against us in connection with warranty rights.
§ 11 Choice of law
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the supplier / seller
HEIDEHOFstudios Dr. Hudson & Paetzold GbR
Süderwalseder Weg 1
27367 Ahausen
Germany
Telephone: 042699223028
E-Mail: [email protected]
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations “Subject-matter and conclusion of the contract” in our standard business terms (part I).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent via the online-shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping cart system, which can be printed out or saved electronically in a secure manner.
4. Main features of the product, digital content or service
The key features of the product, digital content or service can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
5.4 You must also bear the costs arising from money transfers in cases in which the payment is initiated outside of the European Union
5.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
7. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our standard business terms (part I).
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/agb-service.
Last update: 12.07.2020