Terms and right of withdrawal

Section 1 Scope

These terms and conditions apply to all contracts, including those concluded remotely, for example via Skype, Zoom or telephone, between us, Athletic BMX, Vulkanstraße 51, 10367 Berlin, Germany, hereinafter the “provider”, and you as our customer, hereinafter the “customer”, in relation to our programmes and services.

Section 2 Subject matter of the contract

The provider supplies the customer with web-based consulting and coaching services in the fields of fitness, nutrition and weight reduction. Services are provided either in standardised or in individualised form, as agreed. The provider does not owe the customer any particular outcome.

Section 3 Prices, payment terms, SEPA direct debit, invoicing

1. All prices stated are gross prices, meaning that statutory value added tax is included.
2. The provider is entitled to instruct a third-party company based within the EU, for example Copecart or Digistore24, to handle payment processing with the customer.
3. The customer may choose to transfer the agreed fee or to grant the provider a SEPA direct debit authorisation. If the SEPA direct debit payment method is selected, a SEPA direct debit mandate must be granted. The template provided in the annex is to be used for this purpose.
4. The fee for our services falls due in full when the contract is concluded, unless the individual agreement with the customer provides otherwise. If the due date for payment is determined by the calendar, the customer is in default as soon as that date passes. In that case the customer owes the provider default interest of 5 percentage points above the base rate per year.
5. The customer's obligation to pay default interest does not exclude the provider from asserting further damages caused by the default.

Section 4 Copyright and rights of use

1. The customer acknowledges that the know-how and other property embodied in the platform or in other services, as well as industrial property rights, are the sole property of the provider, and that all related protective rights including existing copyrights belong to the provider in full.
2. Subject to compliance with these terms of use and with applicable law, the customer may access and use the content of the platform in the form in which it is made available. The customer may view or listen to content for non-commercial use.
3. The use of the platform's content is nevertheless subject to certain restrictions. The following is not permitted:
   1. reproducing, downloading, distributing, transmitting, transferring, displaying, selling, licensing, modifying, adapting or otherwise using any part of the content, except with our prior approval in text form and, where relevant, that of the respective rights holders, or in so far as permitted by applicable law;
   2. circumventing, disabling, fraudulently using or otherwise impairing the security-related functions of the platform, or attempting to do so. It is likewise not permitted to circumvent, disable, fraudulently use or otherwise impair, or attempt to impair, other functions of the platform that prevent or limit the use of the content;
   3. accessing the content by automated means, except via public search engines or with our prior approval in text form, or in so far as permitted by applicable law;
   4. using the content to distribute advertising or commercial content or other unwanted or unreasonable nuisance;
   5. using the content to view or listen to content outside private, non-commercial use, for example through a public screening of videos or the streaming of music.
4. Any right not expressly granted to the customer in this agreement remains with the provider or with the respective rights holders. This means, for example, that by using the content the customer does not acquire any copyright or industrial property rights in the content they access.

Section 5 Liability

1. Claims by the customer for damages are excluded. This does not apply to claims for damages by the customer arising from injury to life, body or health, or from the breach of essential contractual obligations (cardinal obligations), nor to liability for other damage based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or its vicarious agents. Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you as the customer may regularly rely.
2. In the event of a breach of essential contractual obligations, the provider is liable only for the damage typical of the contract and foreseeable, where that damage was caused by simple negligence, unless the claim concerns damages arising from injury to life, body or health.
3. The limitations in paragraphs 1 and 2 also apply in favour of the provider's legal representatives and vicarious agents where claims are asserted directly against them.

Section 6 Data protection, consent to data processing and contact

Information on the collection, storage and processing of personal data and on the related rights of data subjects is set out in the provider's privacy policy.

The privacy policy is available at athletic-bmx.de/en/privacy .

Section 7 Right of withdrawal

Consumers have a statutory right of withdrawal, about which the provider informs them below in accordance with the statutory template.

Section 8 Final provisions

Should individual provisions of the contract be or become wholly or partly invalid or unenforceable, this does not affect the validity of the remaining provisions of the contract. This also applies where the contract turns out to have a gap.