Terms and Conditions for Use of Offers on ovatime.com
Important information prerequisite to your work-out:
Our plans for training, nutrition, and coaching are developed by experienced trainers and are founded on current knowledge about the optimal development of your fitness. The entry of your data, however, does not ultimately enable us to assess your health. Furthermore, we are not medical professionals. Thus you should seek advice from a doctor before you begin training, to asses if our plans are suitable for your body.
An individual warm-up before training and respecting one’s own physical, healthy limits while executing exercises should be a matter of course. As soon as discomfort or pain occurs, a doctor should be sought immediately.
§ 1 General, Scope
These general terms and conditions (hereinafter referred to “terms and conditions”) apply to all business relationships between Cebio Soukou and Stefan Grummel GbR (hereinafter referred to as “Ovatime”) and their customers in the respective current version at the time the contract is entered into. Potential deviating general terms and conditions set by the customer are not applicable.
§ 2 Conclusion of Contract / Credit Check / Abuses
- The presentation of goods and services on the Internet does not constitute a binding offer on the part of Ovatime regarding the conclusion of a contract. The customer is thereby only requested to submit an offer. Ovatime reserves the right to refuse users without giving reasons. In this case, the transmitted data is deleted immediately.
- The user agrees to Ovatime requesting information regarding the user’s credit. Ovatime will bear the costs for this.
- The user is prohibited from allowing third-party access to his user account and his password; he is exclusively authorized to use the Internet products.
§ 3 Minors
- Only individuals of unlimited legal capacity are permitted to independently register with Ovatime. Generally these are all persons of 18 years of age and older. Minors or other persons limited in their legal capacity may only register with Ovatime with the express permission of their legal representatives (usually their parents). A consent form with the signature of the legal guardian must be sent by e-mail to “firstname.lastname@example.org”.
- Ovatime should be immediately notified of limited legal capacity (minority or e.g. mental disability, necessary care, etc.). If a user registers without the necessary written consent from the legal or elected representative, Ovatime reserves the right to criminal proceedings against the user.
§ 4 Agreement to Terms and Conditions / Terms of Conditions of Cooperating Partners
- In cases of services and goods of cooperating partners being offered by Ovatime, Ovatime is not the contract partner of the user with regard to these services and goods. These contracts are exclusively between the user and the cooperating partner. Here the terms and conditions of the cooperating partner exclusively apply.
§ 5 Amendments to the Terms and Conditions
- The changes to the terms and conditions apply to the user, if he continues to use offers by Ovatime one month after the new terms and conditions go into effect or does not cancel his contract within two months after the changes go into effect.
- If the user is not in agreement with the terms and conditions, the contractual relationship automatically ends one month after the changes go into effect.
§ 6 Duration of Contract / Cancellation
The contract is open-ended. It may be cancelled by both parties with a notice period of two weeks to the end of the month.
§ 7 Assignment and Pledge Ban, Transfer of Received Services
- An assignment or pledge of the claims or rights of the provider by the customer are excluded without the consent of the provider, assuming the customer does not prove legitimate interest in such assignment or pledge.
- Ovatime services are personalized. A transfer of the acquired services to third parties is not permitted.
§ 8 Terms of Payment
The available payment methods can be found on the respective internet offer.
§ 9 Due Date
The agreed fee shall be paid monthly by the third working day of the month.
§ 10 Offset and Right of Retention
The customer only has a right to off-set if his demand to off-set has been legally established or is undisputed. A right of retention is only valid if and insofar as the counter claim is based on the same contractual relationship.
§ 11 Cancellation Policy for Consumers
- If the user is a natural person registered on the Ovatime.com platform for a purpose that is not associated with his commercial or self-employed professional work, the following provisions apply for the user as a consumer:
- The user may withdraw from the contract in writing, e.g. by letter, fax or e-mail, without giving reasons, within 14 days of the conclusion of the contract, or from the date of receipt of the goods in the cases of contracts pertaining to the delivery of goods. The withdrawal should to addressed to:
Cebio Soukou and Stefan Grummel Athletiktraining GbR
Zur Wegschere 59
Phone:+49 (0)234 54475835
E-mail: info@Ovatime.com The user may use the form below, which is not, however, prescribed:
Last Name, First Name of User
Postal Code, City To
Cebio Soukou and Stefan Grummel Athletiktraining GbR
Zur Wegschere 59
44791 Bochum Date of Withdrawal
Subject: My Registration Number / Membership Number / Contract Number / Invoice Number I hereby withdraw from the contract with Cebio Soukou and Stefan Grummel Athletiktraining GbR, referred to as “Ovatime”, dated … (date of registration) for … (subject of contract, e.g. training plans, nutritional supplements, etc.). Signature with the first and last name of the user
- In order to ensure the withdrawal period, it is sufficient to send the notice regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
§ 12 Withdrawal Consequences
- If the user withdraws from the contract, Ovatime is obligated to promptly reimburse all contractual payments made by the user to Ovatime, including delivery costs (with exception of additional costs incurred by the choice of an alternative type of delivery other than the offered, affordable standard delivery), latest within 14 days of the receipt of the notice of withdrawal by Ovatime.
- Ovatime will use the same payment method for reimbursement as used for the original transaction, unless the user has expressly agreed another payment method; in no case may the user be charged for the reimbursement.
- All services received by either party must be granted back and, if necessary, advantages of use (e.g. interest) must be released. Should the user not be able to fully or partially return the received service, the user must, if necessary, provide Ovatime with value replacement. This may mean the user must fulfil the contractual payment obligations for the period until the withdrawal is made.
- Obligations to reimburse payment must be fulfilled within 30 days. The term for the user begins with the dispatch of his withdrawal notice, for Ovatime with the receipt thereof.
§ 13 Duties and Behaviour of User
- The user is obliged to provide Ovatime with truthful, exact, and complete information about his person (in particular name, age, address, telephone number, e-mail address, as well as other data required for payment) for the purpose of identification, assuming this is necessary for the subscription of internet products. The user is also obliged to regularly update this personal information, as well as all other information that he provides to Ovatime. The user is not permitted to open more than one user account or open a user account for another person or with a false identity.
- The user must keep his password, as well as other information regarding his user account, secret. He will immediately alert Ovatime to any unauthorized use of his user account in writing. In this case, too, the user is responsible for the unauthorized use of the internet page or internet products until 72 hours after his notification to Ovatime. Until this time, all of the willing declarations made with the use of his password or other user account information will act for and against the user.
- Ovatime holds the copyright for all services offered by Ovatime. The user will not pass plans, videos, etc. received from Ovatime to third parties and will not enable or permit the use of these by third parties. He is obligated to make reasonable technical arrangements to prevent copyright violations.
- Ovatime is entitled to immediately close or cancel the account of any registered user in the case of abusive or fraudulent use of the account.
§ 14 Contents
Ovatime also places advertising from third parties in its internet offer. Ovatime is not liable for the content and information in such advertising.
Users are called upon to take note of the separate terms of data protection, which are available at www.ovatime.com/datenschutz.
§ 16 Warranty and Liability
- The services provided by Ovatime are not linked to a guarantee of training success.
- Ovatime does not provide any guarantee that the Ovatime.com platform will be available constantly, completely, and error-free, or that the required software and hardware function flawlessly.
- Ovatime does not assume liability that the data transmitted through foreign systems, in particular the internet or telecommunications networks, is not tracked, recorded, or distorted by third parties.
- Furthermore, Ovatime does not assume liability for external links, banners, or other information and advertising offers that can be placed for the user. Legal transactions that take place between the user and third party providers, e.g. through linked sites or banners, exclusively lead to a contractual relationship between the user and said third party provider. Ovatime does not assume liability for the services of third party providers.
§ 17 Disclaimer
- Under existing legal provisions, Ovatime is only liable, regardless of the legal ground (precontractual, contractual, non-contractual), if the damage is caused through gross negligence or intentionally by Ovatime. In the case of slight negligence, Ovatime is not liable to companies and to consumers only in cases of injury of life, body, and health. Liability on the part of Ovatime for consequential damages to companies, mere financial losses, foregone profits, and damages through claims by third parties are excluded.
- Apart from the statutorily prescribed circumstances, neither Ovatime nor related companies are liable for damages that result from the use of content made available through the online and mobile offers or other uses of the online offers. This also applies to damages that may result from errors, problems, viruses, or loss of data.
- Ovatime does not assume liability for the downloaded material or the material that the user receives as part of the use of the service on the Ovatime.com platform. The user is solely liable for any damage that may be caused to his computer system or for the loss of data due to the download of any material related to the services on the Ovatime.com platform.
- The user assumes full liability for any claim, complaint, whether judicial, extrajudicial or otherwise, arising from conflicts with other users or related thereto. The user acknowledges and accepts that Ovatime is not responsible for the actions or failures of other, including damages caused by said actions or failures.
§ 18 Written Form / Severability
- Changes or amendments to these terms and conditions require written form, the text form being sufficient. Oral ancillary agreements do not exist.
- Should individual provisions of these terms and conditions be or become invalid, the other terms and conditions remain unaffected.
§ 19 Applicable Law and Jurisdiction
- These terms and conditions and all legal relationships and disputes between users and Ovatime are exclusively subject to German law.
- Place of performance and exclusive jurisdiction for all disputes is the seat of Ovatime in Bochum, Germany.