General Terms and Conditions (GTC) for the bellicon Academy
1. Scope of application
- These general terms and conditions of use and business (hereinafter: GTC) apply to all legal relationships between bellicon business GmbH, Schönhauser Allee 36/39, 10435 Berlin (hereinafter: "bellicon business") and the customer (hereinafter: “customer“) for the bellicon Academy on the website bellicon.academy (hereinafter: "website") as well as for the online shop on www.eventbrite.de (hereinafter: "Eventbrite") and all subpages. They shall also apply in their respective version as a framework agreement for future contracts with the same customer, provided that the customer is an entrepreneur, without bellicon business having to refer to them again in individual cases. Upon conclusion of the contract, the customer accepts these GTC as binding.
- Deviating regulations of the customer shall not apply unless bellicon business has expressly confirmed this in writing. Individual agreements always take precedence.
- The business relationship between bellicon business and the customer is subject to the laws of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply as long as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The application of international uniform law, in particular UN sales law, is excluded.
- The contractual language is German.
- Bellicon business stores all GTC versions. The customer has the option of downloading and/or printing the GTC from the bellicon business website. In the event of a contract being concluded, the applicable version of the GTC shall be sent to the customer by e-mail together with the order confirmation.
- Bellicon business reserves the right to amend the GTC‘s at any time and without stating reasons. The amended terms and conditions will be sent to the customer by e-mail or post at least two weeks before they come into force. If a customer does not object to the validity of the new terms and conditions within 4 weeks of receipt of the e-mail, the amended terms and conditions shall be deemed to have been accepted. bellicon business shall separately inform customers of the significance of this deadline in the e-mail containing the amended terms and conditions.
- The place of jurisdiction is Berlin (Germany), as long as the customer is a merchant or a legal entity under public law or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if the customer's place of residence or habitual abode is unknown at the time the action is made.
- Customers who are consumers have the option of using alternative dispute resolutions. The following link of the EU Commission (also known as the ODR platform) contains information about online dispute resolution and serves as a central contact point for the out-of-court settlement of disputes arising from online service contracts http://ec.europa.eu/consumers/odr.
- Duty to inform pursuant to the Consumer Dispute Resolution Act (§ 36 CDRA): bellicon business is neither willing nor obliged to participate in further dispute resolution proceedings before a consumer arbitration board.
2. Services from bellicon business
- Bellicon business offers face-to-face and online trainer training courses and workshops as well as bellicon trampolines for rent or purchase on its website or on Eventbrite, the latter however not individually but only in connection with the booking of an online trainer training course ("packages"). The packages are offered with different training contents, different bellicon trampolines and at different prices. The contents of the packages can be seen on the website.
- To book a face-to-face course (trainer training or workshop), the customer is directed to the Eventbrite website for the conclusion of the contract.
- In the event of a rental of bellicon trampolines, customers have the option to purchase (purchase option) or return the bellicon trampolines at the end of the rental period.
- The use of the contents of the website is generally available to customers around the clock. However, it is not possible to provide computer programs and data processing or data transmission systems completely free of errors and to exclude all sources of error in technology and the medium of the Internet. The constant and uninterrupted availability of the contents or the other technology used can therefore not be guaranteed. bellicon business is not responsible for the transmission of data from the customer to the website and back.
- Bellicon business can restrict access to the contents if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disturbances of the network, the website or stored data require this. The same applies to the temporary failure of the service due to necessary operational interruptions (maintenance work). In these cases, there is no entitlement to the continuation of services, nor is there any entitlement to a reduction in price or claims for damages. Bellicon business shall inform the customer of planned maintenance work in good time in advance, unless prior notification is not possible or not reasonable in individual cases.
3. Registration on the website, minimum age
- In order to book an online trainer training, workshop or package, the customer must first register with bellicon business and create a customer account. To register, the customer is asked to enter a user name and password as well as his or her name and an e-mail address. He undertakes to keep the password secret and not to pass it on to third parties for his or her own protection. Until the registration process is completed, the customer can correct the entries directly in the input fields using the usual touch screen, keyboard and mouse functions. Before completing the registration process, the customer must also accept these GTC.
- After initial registration, the customer receives an e-mail with a confirmation link. The customer account will only be activated after confirmation (double opt-in).
- With the confirmation of the registration by the customer, a contract on the use of the website (hereinafter referred to as "user contract") is concluded between bellicon business and the respective customer. bellicon business confirms the conclusion of the user contract to the customer by e-mail and sends the GTC to the customer. There is no entitlement to the conclusion of a user contract.
- Registration on the website and use of the services of bellicon business are only permitted to natural persons and legal entities with unlimited legal capacity. Minors may neither register with bellicon business nor participate in the training courses or workshops.
- Each user may only have one access; a transfer of access is not possible.
- After successful registration, the customer can then book the online trainer training courses, workshops or packages via their customer account.
4. Conclusion of the contract (except for face-to-face courses)
- The contract for participation in online courses as well as any purchase or rental contract shall be concluded by the customer's acceptance of the offer on the website. Before submitting a binding order by clicking on the button "order subject to payment", the customer can correct all entries on an ongoing basis using the usual keyboard and mouse functions. In addition, all entries are displayed once 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 or, if applicable, touch screen functions.
- The receipt of the order and the conclusion of the contract will be confirmed to the customer by e-mail. With this e-mail, the customer receives the text of the contract, the GTC and, if the customer is a consumer, the cancellation policy.
- The contents of the booked online courses are made available to the customer after receipt of payment and are available to the customer for the time of the training as also for 4 weeks after a successful training.
- The customer does not acquire ownership of the contents of the online courses. He only receives the simple, temporally unrestricted, personal and non-transferable right to use the contents for the purpose of trainer training and further education.
5. Face-to-face courses, duties of cooperation and conduct
- For the booking of face-to-face courses (trainer trainings and workshops), the customer is redirected to Eventbrite.
- The receipt of the order and the conclusion of the contract will be confirmed to the customer by e-mail. With this e-mail, the customer receives the text of the contract as well as the GTC.
6. Conduct during face-to-face courses
- Each client should arrive at least 15 minutes before the start of a face-to-face course. The course begins punctually at the agreed time, so that no consideration can be given to customer delays.
- Any safety instructions issued by bellicon business, its staff or the persons conducting the course must be observed during the course.
- The customer shall be liable for any damage caused by intentional or grossly negligent fault on the part of the customer (in particular due to improper handling of the equipment) or as a result of not following the instructions of bellicon business or its staff or the persons carrying out the course.
- If the booked course is significantly impaired, endangered or rendered impossible as a result of force majeure, e.g. pandemics, epidemics, epidemics, official measures, bellicon business is entitled to cancel or terminate the event without observing any deadlines. Any fees already paid shall be refunded to the customer. In this case, there shall be no further mutual claims for compensation.
- A customer can be excluded from an event if, despite the threat of exclusion, he or she disrupts a face-to-face course, behaves in breach of contract or fails to comply with safety instructions issued by bellicon business or is unable to meet the requirements of the face-to-face course due to a misjudgement of his or her ability to perform.
7. Exclusion/expiration of the right of cancellation, right of cancellation for related contracts (packages)
- In accordance with § 312g Paragraph 2 No. 9 of the German Civil Code (BGB), there is no right of cancellation for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision of the services. This also includes the courses offered by bellicon business. In individual cases and after a corresponding agreement with bellicon business, bellicon business will examine the desired cancellation by the customer.
- The right of cancellation for consumers expires in the case of a contract for the delivery of digital content that is not on a physical data carrier, such as the online courses, if bellicon business has commenced the execution of the contract before the expiry of the cancellation period after the customer has given his express consent to this and at the same time confirmed his or her knowledge that he or she will lose his or her right of cancellation upon complete fulfilment of the contract by bellicon business.
- If the customer has effectively revoked the rental or purchase contract, he is also no longer bound by his declaration of intent to conclude the contract for the use of online courses in accordance with § 360 BGB. In the event of an effective revocation, the customer must compensate bellicon business for the value of the digital content delivered up to the time of revocation under the conditions of § 358 para. 4 sentence 2 BGB.
8. Optional rent, purchase option
- The rental period begins with delivery and ends automatically 3 months after conclusion of the contract.
- Prior to the expiry of the rental period, bellicon business shall submit an offer to the respective customer to conclude a purchase contract for the previously rented bellicon trampoline. Unless otherwise agreed, bellicon business shall be bound by the offer for a period of 2 weeks after submission.
- The purchase contract shall only be concluded upon acceptance of the submitted offer by the customer (by e-mail or text form). bellicon business shall confirm the conclusion of the contract to the customer by e-mail. Unless otherwise agreed, the purchase price is due within 1 week of the conclusion of the contract.
- With the effective exercise of the purchase option, the risk of the purchased bellicon trampoline is transferred to the customer.
- In the event that the purchase option is exercised, bellicon business retains ownership of the bellicon trampoline until the purchase price has been paid in full. The customer may neither pledge the bellicon trampoline nor assign it as security. In the event of seizure, confiscation or other dispositions by third parties, the customer must notify bellicon business immediately.
9. Return of the bellicon trampoline after expiry of the rental period
- The customer is obligated to return the bellicon trampoline to bellicon business in proper condition immediately after the end of the rental contract without exercising the purchase option. The proper return of the bellicon trampoline includes in particular the return in the original packaging.
- Collection shall be carried out by bellicon business at its own expense.
- If the bellicon trampoline is not returned on time, the customer must pay bellicon business the pro rata daily rental fee of 5 euros for each day or part thereof. The right to claim further damages is reserved.
10. Delivery of the bellicon trampolines
- If the parties have agreed to purchase or rent a bellicon trampoline, the trampolines will be delivered to the address specified by the customer, unless otherwise agreed in the contract. Delivery is made exclusively within the Federal Republic of Germany, Austria and Switzerland.
- Unless otherwise agreed, delivery will be made within 7 working days after conclusion of the contract.
- The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover, with the exception of delivery within the framework of the rental contract. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person designated to carry out the shipment.
- bellicon business shall only be liable for any delays in delivery if the delay is due to a circumstance for which bellicon business or its vicarious agents are responsible. bellicon business shall, however, not be liable in the event of a delay in delivery for reasons of force majeure, such as strikes, natural events, official restrictions or measures, pandemics, epidemics and plagues.
11. Prices, Value Added Tax and Payment
- All prices include the statutory value added tax and are understood to include shipping and packaging costs.
- Payment shall be made in advance, at the customer's option, using the payment methods indicated on the website or on Eventbrite.
- The rental fee is charged as part of the package price for 3 months in advance.
- If the customer is in default of payment, bellicon business is entitled to interest on arrears in accordance with § 288 BGB. Entrepreneurs are also obliged to reimburse bellicon business for reminder fees in the amount of a flat rate of EUR 40.00; these will be offset against any costs of legal action. Bellicon business reserves the right to claim further damage caused by delay.
- bellicon business shall always issue an invoice to the customer, which shall be sent to the customer by e-mail.
- The following applies to rental agreements
a. If a defect becomes apparent during the rental period, this must be reported to bellicon business immediately in writing and/or by telephone after discovery. In all other respects, the statutory provisions shall apply.
b. For any alteration, soiling, damage or destruction of the bellicon trampoline during the term of the rental contract that goes beyond the normal and contractual use of the bellicon trampoline, the customer shall be liable in the amount of the replacement value or the market value. The customer retains the right to prove that the damage was less than the replacement or market value.
- The following applies to purchase contracts
a. The customer's rights in the event of material defects and defects of rights shall be governed by the statutory provisions, unless otherwise stipulated below.
b. Consumers must notify bellicon business of defects within a warranty period of 2 years. For commercial customers, the warranty period is 1 year. The shortening of the warranty period or the exclusion of the warranty shall not apply if bellicon business has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods, and shall not apply to claims for damages by the customer that are directed towards compensation for physical injury or damage to health due to a defect for which the seller is responsible or that are based on intentional or grossly negligent fault on the part of bellicon business or its vicarious agents.
c. In the event that the purchase option is exercised, the condition of the bellicon trampoline at the time the purchase option is exercised shall be decisive for the agreed conditions. The warranty period is 2 years from the exercise of the purchase option.
d. If the customer is an entrepreneur and the purchase is also a commercial transaction for him or her, he or she must inspect the goods immediately after receipt, so long as this is possible in the ordinary course of business, and notify bellicon business of any defects immediately, § 377 HGB (German Commercial Code). If the customer fails to notify bellicon business of any defects, the goods shall be deemed to have been approved, unless the defect was not recognisable upon inspection. If such a defect becomes apparent later, the notice of defect must be given immediately after discovery; otherwise the goods shall be deemed approved also in view of this defect.
- If goods are delivered with obvious damage to the packaging or contents, the customer shall immediately complain to the carrier/freight service without prejudice to his warranty rights and immediately contact bellicon business by e-mail or other means (fax/mail) so that bellicon business can safeguard any rights against the carrier/freight service.
- the customer shall report hidden defects to bellicon business immediately after discovery - also without prejudice to any warranty rights - so that any warranty claims against third parties can be safeguarded.
- bellicon business does not owe any specific training or educational success. As far as certain possible training or educational successes are presented on the website, on Eventbrite, in the individual videos or elsewhere by bellicon business, these always depend on age, physical condition, personal disposition and other individual circumstances from the sphere of the customer and can therefore not be guaranteed for individual cases.
- Participation in trainer trainings and workshops (i.e. repetition of the exercises shown) is at the customer's own risk. By registering and participating in the trainer training courses and workshops, the customer assures that he/she is not aware of any health problems due to which participation poses a risk to him/her or could lead to health impairments. bellicon business recommends that customers who are not sure about this should consult their doctor beforehand. This applies in particular, for example, if the customer has previous injuries, other pre-existing conditions or indications of a possible pregnancy. The instructions and advice in the trainer training courses and workshops are not intended to replace medical advice.
- It is in the client's own interest to ensure that their trampoline is properly set up and has a secure footing before training begins. Customers who are under the influence of alcohol or drugs or medication are not permitted to take part in the trainer training courses and workshops.
- Liability for damages on the part of bellicon business is excluded. This does not apply to damages caused by an intentional or grossly negligent breach of duty on the part of bellicon business, or for damages resulting from injury to life, limb or health caused intentionally or negligently by bellicon business. Furthermore, bellicon business is liable for damages resulting from the intentional or negligent breach of contractual obligations that are so essential that they make the performance of the contract possible in the first place and on the fulfilment of which the user may therefore rely (so-called cardinal obligations); in the case of a slightly negligent breach of cardinal obligations, however, liability is limited to damages that are foreseeable at the time of the conclusion of the contract and typical for the contract. bellicon business is liable for the fault of vicarious agents in accordance with the above provisions as for its own fault.
- Bellicon business accepts no liability for the content of external websites. Bellicon business is not obliged to constantly monitor the content of linked websites without any indication of a possible infringement of the law. Should bellicon business become aware of illegal content on a linked website, the link will be removed immediately.
14. Intellectual property
- bellicon® is a registered trademark. Any unauthorised use of the trademark is prohibited and will be prosecuted under trademark law.
- The know-how gained through the trainer training courses and workshops may only be used by the customer for the instruction of third parties and for their own private purposes. The training of new trainers is reserved solely for bellicon business; the customer may not train third parties to become bellicon trainers unless bellicon business has given its prior written consent. Customers are in particular prohibited from publishing their own videos of the exercises provided by bellicon business on social networks or other platforms.
- The layout of the bellicon business website is protected by copyright. The same applies to all works contained therein such as logos, texts, lettering, illustrations and photos. The respective authors reserve all rights to their works. Unless otherwise permitted by law, any publication, reproduction, dissemination or other use or exploitation of the works or symbols protected by copyright or trademark law that has not been approved by the respective copyright holder is prohibited.
15. Data protection
Status: December 2020