Standard Business Terms for the online distribution of digital content
1.1.The “BEASTMODE BOOTCAMP” by Chris Jones (following: program) is traded by the Point Media GmbH (Ltd.) (following: distributer) through the web-site beastmodebootcamp.org (following: web-site).
1.2.The following contract terms apply to all contracts concluded under the web-site with the customer (following: customer). These terms also apply to all of the programs long term or periodically recurring services.
1.3. Any differing contract terms are not acnowledged by the distributer, unless the distributer explicitly agreed to them in written form.
2. Contractual item
2.1. The customer has the option to claim different information packages on the website. The contractual item is, the in each package contained service and the provisioning of said package.
2.2. Determinant to the due service is the description of the package/service on the web-page of the program.
3. Contract conclusion
3.1. To order the programm the customer must click the button „order“ or „buy“. This starts the registration process which is followed by the contract conclusion. The registration process requires the entry of signup credentials and payment method. After the completion of the mentioned steps the customer can proceed with payment.
3.2. The displaying of services in the online portal poses a non-binding prompt towards the customer to register. When registering, the customer is obligated to enter truthful information. The claim of an online registration stands in the right of the distributer. If the distributer does not accept the registration, he will notify the customer shortly.
3.3. The distributer is allowed to – in compliance with the legally acceptable and under the well interest of both sides – conduct a credit worthiness evaluation. The distributer reserves his right to exclude certain payment methods in first buys and successive buys, depending on the result of the evaluation.
3.4. The contract is concluded with the distributer.
4. Contract text storage
The contract text will be stored by the distributer. The details of the order will be sent to the customer in text form. The contract terms can also be looked up and printed from the online portal of the program.
5. Duties of the customer in case of continuous liability
Should the customer enter a continuous liability towards the distributer, he is obligated to inform the distributor in text form about any changes in his shipping address (name, address), his e-mail address, his telephone number or his bank account and provide appropriate informations.
6. Right of revocation
According to the provisions of the Distance Selling Regulations, customers who are consumers have the right of revocation, in compliance with the following instructions:
Right of revocation:
You can revoke your contract conclusion within 14 days without the indication of reasons in text form (e.g. letter, fax, e-mail). This time frame begins after receiving these instructions in text form, however not before the contract conclusion, and not before our fulfilling of the information obligations according to article 246 § in connection with §1 paragraph 1 and 2 EGBGB and our obligations according § 312g paragraph 1 sentence 1 BGB in connection with article 246 § 3 EGBGB. For the compliance of the deadline a timely revocation will suffice.
The revocation is to be sent to:
Point Media GmbH
In case of an effective revocation, both sides are to refund any recieved services and, as the circumstances require, uses madeof (e.g. interest). Should you not be able to fully refund part or all of the services or not in fully operable condition, you will have to provide a value refund accordingly. This may lead to you having to fulfill the payment liabilities leaduing up to the revocation. These must be fullfilled within 30 days. This time frame starts as you send the revocation statement, for you and with us recieving it, for us.
Your revocation right expires prematurely, when the contract is considered, and explicitly declared fullfilled before you enacted your revocation right.
-End of the revocation instructions-
The revocation right does not apply to products/services which because of their acuisition are not suited for reclamation or to products/services crafted by customer specifications or obviously tailored to personal needs. Following this, the revocation right does not apply to delivery of digital content (e.g. program-content, streaming-videos, downloads), as those are not suitable for return. A revocation is only possible if the contract hasnt been completely fulfilled on both sides. The contract is considered fulfilled as soon as the customer provided payment and product downloads have been made, or he signed into the member section of the program with his credentials, as the initial registration creates an individualized customer account which gives the immediate opportunity of accessing content. A registration also follows a concluded insta-payment. Content is displayed on the web-site when the customer navigates the programs domain in a logged in fashion. As of that moment, no revocation is possible. A reclamation of the purchasing price is therefor also no longer possible.
7.1. In effect are the prices displayed on the distributers online portal on the day of registration.
7.2. All prices are expressed in Euros and include the legal value added tax.
8. Terms of payment
8.1. The distributer accepts only the payment methods specified during the ordering process. The customer chooses his preferred payment method, among the listed ones, himself.
8.2. During registration the customer can choose between the payment options.
8.2.1. Should the service be exchanged with a credit card payment, the customer acnowledges by stating his credit card information the authorization to charge the credit card company with the due billing amount, including all transportation and acquisition costs. The charge proceeds as the contract is concluded.
8.2.2. Should the service be exchanged with an advance payment, the customer has no option of payment by installments. This includes payment methods based on third party providers (e.g. GiroPay, purchase on account).
8.2.3. Should the service be exchanged with a SEPA debit note, the customer has to cover the costs of a returned debit i.h.v. 6,5 Euro in addition to banking costs per returned debit.
8.3. Should the payment be made through PayPal, the customer has to own a PayPal account and legitimize himself with his credentials. Then, the customer has to go through the PayPal payment process and confirm the payment to the distributer.
9. Further service conditions
9.1. Services start as soon as the distributer recieved payments, however not later than 5 work days after payment entry, if nothing else was agreed with the customer, unless a shorter or longer service duration has been explicitly indicated.
9.2. Should service delays occur, the distributer will notify the customer immediately.
9.3. Should the service be unavailable, or just not available within the given time frame, e.g. due to the program artists illness, the distributer will immetiately notify the customer. Should the customer already have proceeded payments, and the distributer was delayed, the distributer will immediately provide a refund.
9.4. There is no claim of personal contact to the program artist.
10.1. The claims of the customer regarding compensation against the distributer adhere, without regard to the nature of the claim to these terms.
10.2. Accountability of the distributor – for whatever legal reasons – excluded, except if the damage done is directly caused by the recklessness and/or negligence of the distributor or his co workers. Should the accountability of the distributor be excluded, then this also applies to the personal accountability of employees or representatives of the distributer.
10.3. The distributers is held accountable for any damages to life, body and health done through reckless or negligent behavior by the distributer, a representative, or assistant.
10.4. Should the distributer at least negligently break a contractual obligation, then the accountability for tipically recurring damages, that is, damages that need to be expected,is limited. Such damages are ones that are necessary for a contractual obligation to be reliably fulfilled.
10.5. The customer has to autonomously secure himself against accidents and injuries that can atise during training.
10.6. The distributers accountability is limited to the services offerd by him. Rights and obligations of contents belong to their authors.
11. Data storage and data protection
11.1. The customer is aware of, and agrees that personal information that is needed to complete the task is being stored by the distributer. The customer explicitly agrees to the processing, usage and upkeep of personal information needed towards completion of the contract. The distributer will naturally handle that information with care and discretion. The management of said information is governed by the data protection law (BDSG), the telemedia law (TMG).
11.2. The customer has the right to revoke his agreement at any time. The distributer is in such a case prompted to immediately delete or limit the personal data in question in accordance to the data protection regulations as long as this does not interfere with the corporate laws of bookkeeping and they are not necessary for the completion of the contract.
12. Contract length
12.1. The contract lenght of an individual package are given from the packets description on the distributers web-page. An automatic lengthening of contracts is not possible. With contract conclusion, the customers access to the package is blocked and the customer loses the right to claim any of the distributers services.
12.2. The right to a dismissal without notice caused by an important reason stays untouched. Such a reason encompasses especially, when the customer is delayed with the payment of a long overdue liability towards the distributer or the customer, even after a written warning continuously broke a term of this contract, if there is doubt arising regarding the credibility of the customer or the customer gave false information turing registration; or if the completion of the contract has been significantly hindered by the customer. In such a case the distributer has the right to make claims on the usage costs of the remaining contract length and to block access until all discrepancies have been corrected.
13. Final provisions
13.1. In effect is the law of the federal republic of Germany under connection of the UN sales convetion.
13.2. In case of consumers, who do not conclude the contract for professional or commercial purposes, this choice of law shall only be applicable insofar the afforded protection is not deprived by obligatory provisions of the law of the state in which the consumer has his or her habitual place of residence