GTC English Version

General Terms and Conditions of Online Ballet Coaching (GTC)

Online Ballet Coaching, with its registered office in Brandenburgischestr 24, 10707 Berlin (hereinafter referred to as “onlineballetcoaching.com”), operates an online portal for dance lessons and information about (stage) dance at www.onlineballetcoaching.com Dance training provides the user with high-quality instructional videos: dance classes, tutorials on dance technique and, depending on the category, choreography and fitness as well Movements in themselves have to do, but still shape and / or influence dance. In the dance lexicon technical terms from the dance world are explained.

1. Validity of the general terms and conditions and data protection

Use of the www.onlineballetcoaching.com website is governed by the following terms and conditions, as amended, available online at www.onlineballetcoaching.com/agb and the privacy policy available online at www.onlineballetcoaching.com/datenschutz. The user expressly agrees to these terms and conditions.

2. Registration and Conditions of Participation

2.1. Basis and prerequisite for the use of the contents of onlineballetcoaching.com is the conclusion of a contract with onlineballetcoaching.com based on these terms and conditions. The contractual services of onlineballetcoaching.com are chargeable and can be accessed at www.onlineballetcoaching.com. Onlineballetcoaching.com reserves the right to make the contractually agreed services available under a domain other than www.onlineballetcoaching.com. The user will be informed in good time.

2.2. Prerequisite for a contract is that the user of onlineballetcoaching.com is a natural person who has reached the age of 18 years. The user must first register with the registration form available on the homepage www.onlineballetcoaching.com. With the successful registration, the user makes an offer to conclude a contract with onlineballetcoaching.com. The user chooses a contractual service package as part of his registration, whereby the terms, the respective contractual content and the respective charges are retrievable. With the activation of the contractual service package chosen by the user, onlineballetcoaching.com declares acceptance of the offer to conclude the contract with the content chosen by the user. With the assumption the contract comes about with costs.

2.3. One user account is allowed per user. When registering, the user assures that he has not yet set up another user account at onlineballetcoaching.com. The account may only be used by the logged-in user, a transfer of the usage data to third parties and use by third parties is not permitted.

2.4. onlineballetcoaching.com is always entitled to verify the information provided by the user. In particular, onlineballetcoaching.com is entitled to submit documents for verification by the user for this purpose. If it turns out that the user has provided inaccurate or incomplete information when registering, onlineballetcoaching.com reserves the right to take legal action.

3. Contract period and termination

3.1. The user selects the desired contractual service package as part of his registration. The contract expires after the time specified in the service package, if the contract does not precede the expiry of the contract in question, should the contract not be terminated in advance either by the user profile or in writing with the notice period applicable to the selected contract. Termination must be either via the user profile or in writing. The written termination is possible by mail to Online Ballet Coaching, Brandenburgischstr 24, 10707 Berlin and by e-mail to info@onlineballetcoaching.com.

3.2. Each party has the right to terminate membership at any time for good cause. Such an important reason may be that the user violates an obligation under these terms and conditions or statutory provisions. Onlineballetcoaching.com in such a case, it must be unreasonable to continue to fulfill the contractual obligations to the user.

3.3. Should the contract of onlineballetcoaching.com be terminated for a material reason, the user is not entitled to a refund of a payment already made. The same applies to not timely termination of this contract, unless the termination was declared by the user for an important reason to be represented by onlineballetcoaching.com.

4. Terms of payment and fees

4.1. As part of the offer to conclude a contract, the user chooses a payment method provided on the homepage of onlineballetcoaching.com. The payment for the selected services will be made in advance and will be charged and deducted at intervals of 30 days for the following 30 days. In the offer description of onlineballetcoaching.com the designation corresponds to exactly 30 days per month. onlineballetcoaching.com is only obliged to provide the contractually agreed service as soon as the amount to be paid in advance has been debited and received by onlineballetcoaching.com. The user assures in this respect to provide for the coverage of the account specified by him. Furthermore, the user promises to be the owner of the account specified by him. Invoices and related documents are made available online in the user profile.

4.2. If chargebacks arise, onlineballetcoaching.com will charge the user a handling fee of EUR 8.00 per return debit due to the bank and processing fees. The user is granted proof of lesser damage. If the user is in default of payment, onlineballetcoaching.com is entitled without further notice to block the access of the user. The same applies if it turns out that the information provided by the user regarding the account details or payment information turns out to be incorrect. In such a case onlineballetcoaching.com expressly reserves the right to assert further claims for damages and termination without notice.

4.3. A blocking initiated due to late payment by the user is not an exercise of a right to design such as resignation or termination by onlineballetcoaching.com. The user remains in the ordinary dismissal. The right of onlineballetcoaching.com to assert further claims for damages and the exercise of resignation or termination remain unaffected.

4.4. onlineballetcoaching.com reserves the right to exclude certain types of payment from the user if this can lead to a reduction in the risk of default in individual cases.

Right of withdrawal

The user has the right to revoke the contract within 14 days from the date of conclusion of the contract without stating reasons.

– BEGINNING OF THE REVOCATION –
In order to exercise the right of withdrawal, the user has the Online Ballet Coaching, Brandenburgischstr 24, 10707 Berlin, email info@onlineballetcoaching.com by means of a clear statement of his decision to withdraw the contract to inform.

To comply with the withdrawal period, it is sufficient that the notice of exercise of the right of withdrawal was sent before the expiry of the withdrawal period.

If the user cancels this contract, onlineballetcoaching.com must repay all payments received immediately and no later than fourteen days from the date on which the notification of the revocation of this contract is received by onlineballetcoaching.com. The same means of payment as in the original transaction will be used for this repayment, unless otherwise expressly agreed. There are no charges due to the repayment.

If the user has been requested to begin the contractual services during the withdrawal period, the user shall pay a reasonable fee corresponding to the proportion of services already provided up to the date of the cancellation in relation to the total volume of services provided for in the contract.

– END OF REVOCATION –

Model withdrawal form

If you want to cancel the contract, please fill out this form and send it back to us.

• To Online Ballet Coaching, Brandenburgischstr 24, 10707 Berlin, E-Mail info@onlineballetcoaching.com
• I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
• Ordered on (*) / received on (*)
• name of the consumer (s)
• address of the consumer (s)
• Signature of the consumer (s) (only when notified on paper)
• Date
(*) Delete as appropriate.

5. Copyright

5.1. Onlineballetcoaching.com and all content on the homepage of onlineballetcoaching.com are protected by copyright and intended solely for private use. The user is not permitted to use beyond the contractual design such as e.g. make an unauthorized duplication and / or public performances. In addition, any commercial use is prohibited. The choreographies and developed exercises presented in the videos as well as other steps are also protected by copyright and intended only for the private sector and may not expressly be extended beyond the contractual design, as e.g. be used for a dance class. Onlineballetcoaching.com reserves the right to take criminal and civil action in case of infringement.

5.2. The user is not permitted to change, remove or otherwise impair copyright, trademarks or other rights incorporated into the onlineballetcoaching.com website.

6. Privacy

In the context of the use of the offer of onlineballetcoaching.com the user collects and uses personal data. For the nature and extent of the data collection and use, please refer to the privacy policy of onlineballetcoaching.com, which is available at www.onlineballetcoaching.com/datenschutz and is included in these terms and conditions.

7. User’s obligations, technical requirements and availability

7.1. The user undertakes to refrain from any action that is likely to affect the operation and maintenance of the websites used by onlineballetcoaching.com and the associated IT structures beyond their contractual use. In addition, acts such as the misappropriation of content and / or use of harmful software, etc., which are likely to affect the functionality of the webpages of onlineballetcoaching.com, are prohibited.

7.2. The website of onlineballetcoaching.com is generally available to users 24 hours a day. For the use of a current Internet browser (for example, Mozilla Firefox Version 70.0.1), Internet Explorer 11, Apple Safari 13.0, Google Chrome 78.0.3904.108 or Opera Version 65.0.3467.48  and a broadband Internet connection with a minimum download speed of 2000kbit is required. In addition, the Internet browser must allow the use of JavaScript and cookies.
Only one device at a time can be logged in to the website.

8. Disclaimer

8.1. Onlineballetcoaching.com makes no warranty or guarantee with respect to the completeness, accuracy, reliability, suitability or availability in connection with the content on the websites operated by onlineballetcoaching.com. The same applies to information, offers, offered products and services or other contents.

8.2. onlineballetcoaching.com assumes no liability for any material or immaterial damages that may result from using the offer of onlineballetcoaching.com.
In this regard, the user is expressly advised that before using the services offered by onlineballetcoaching.com or before commencing any physical activities, the user should consult a physician, as not all the exercises offered by onlineballetcoaching.com are for everyone Users may be suitable. The user must therefore observe his individual restrictions and to seek medical advice in case of doubt. onlineballetcoaching.com expressly disclaims liability for any material or immaterial damages incurred in connection with physical activity in the context of using the offer of onlineballetcoaching.com.

8.3. As far as onlineballetcoaching.com makes links to other websites, their content and accessibility are not under the control of onlineballetcoaching.com, so that no responsibility or liability is assumed for this. The inclusion of a link on the websites of onlineballetcoaching.com is expressly not to be understood as a recommendation or endorsement of the content there. onlineballetcoaching.com does not warrant, guarantee and assume any liability for the transmission of information, data, software, emails and other communications and for the quality, suitability or completeness of the content provided on onlineballetcoaching.com. The same applies to the consequences resulting from the use of onlineballetcoaching.com. The risk associated with the use of onlineballetcoaching.com and content remains with the user at all times. onlineballetcoaching.com also assumes no responsibility for advertising from third parties on the websites of onlineballetcoaching.com. The same applies to offers that are included in the advertising of third parties.

8.4. There is no right to maintain individual functionalities of onlineballetcoaching.com or to maintain the websites. onlineballetcoaching.com assumes no responsibility or liability in the event the website is temporarily unavailable. onlineballetcoaching.com will take into account the legitimate interests of users and announce significant changes in advance in an appropriate manner.

8.5. All claims against onlineballetcoaching.com are excluded, as far as the exclusion is permitted by law. onlineballetcoaching.com is only liable for damages resulting from injury to the body, life or health of the user, which are based on an intentional or grossly negligent breach of duty by onlineballetcoaching.com. In the context of negligent breaches of cardinal obligations, the liability of onlineballetcoaching.com is limited to damages which are typically associated with the contract and are foreseeable. Incidentally, the liability of onlineballetcoaching.com is expressly excluded.

8.6. The limitations of liability also apply to the liability of the legal representatives and vicarious agents of onlineballetcoaching.com.
Information about online dispute resolution:
In the first quarter of 2016, the EU Commission provided an Internet platform for the online settlement of disputes (so-called “OS platform”). The OS platform is intended as a point of contact for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. The OS platform will be accessible via the following link: https://ec.europa.eu/consumers/odr/main

9. Damages and waiver

9.1. In the event of a breach of these GTC, the user commits himself to onlineballetcoaching.com and its shareholders, advisory boards, managing directors, representatives and employees, including any losses, damage claims and compensation claims of any kind resulting from the breach of the GTC, including all related legal proceedings – and legal defense costs. This also applies to damages that third parties assert due to or as a result of culpable breach of contract by the user and / or culpable violation of these terms and conditions and / or culpable violation of his statements in these terms and conditions towards onlineballetcoaching.com. This also applies if onlineballetcoaching.com is held liable for content published by the user on the websites of onlineballetcoaching.com.

9.2. The user agrees that onlineballetcoaching.com is not responsible and / or liable to the user for any consequences arising from the use of onlineballetcoaching.com. The user therefore irrevocably waives his right to assert claims against onlineballetcoaching.com, its shareholders, advisory boards, managing directors, representatives and employees with content on onlineballetcoaching.com, in particular with regard to competition rights, copyright and trademark rights, industrial property rights and personal rights violations Etc.

10. Jurisdiction and applicable law

10.1. The user expressly agrees to these terms and conditions. b. In disputes in connection with the use of onlineballetcoaching.com, the legal dispute is governed by the law of the Federal Republic of Germany, excluding the provisions of conflict of laws and the UN Sales Convention. c. For merchants the place of jurisdiction for the case of a legal dispute, as far as legally permissible, Berlin.

11. Final provisions

If any provision of these Terms and Conditions is unlawful, void or unenforceable, this shall not affect the validity or enforceability of the remaining provisions. These terms and conditions are available in the currently valid version within the website of onlineballetcoaching.com, downloadable, printable and storable.

As of: December 2019