1. General
1.1 Scope of application
These General Terms and Conditions shall apply in the version valid at the time of the conclusion of the contract to all business relations between us Coachy OOD, 104 Simeonovsko shose Blvd, 1700 Sofia, Bulgaria, authorized representative (Board of Directors): Mr. Dennis Spohr and you. If you use conflicting terms and conditions, they are hereby expressly rejected.
1.2 Contractual Agreement
The contract language is German. Customers in the sense of these General Terms and Conditions are exclusively entrepreneurs in the sense of § 14 BGB (German Civil Code).
1.3 Free usage contract
To use the full scope of our website, it is first necessary to create an account. Here, the data required for the provision of services by us will be requested. The entries are confirmed by clicking on the button "Start now". You will then receive a confirmation e-mail with the information required for a login. Only when you have logged in to our website for the first time with this information, the registration is completed. By registering, you enter into a free user agreement with us.
1.4 Conclusion of contract with Digistore24
If you want to use our paid services, you have to make a booking through our partner Digistore24. This is therefore also your contractual partner. For the booking you have to click on the desired product and will then be redirected to Digistore24. The contract is then concluded according to Digistore24 as follows (can be viewed at https://www.digistore24.com/page/terms):
"The placement of the respective product in the online store does not yet constitute a binding offer to conclude a purchase contract by Digistore24 to the Buyer. In order to purchase products in the online store of Digistore24, the Buyer can place the selected goods in the shopping cart and then enter the order data in the order mask provided. After selecting the shipping method and the desired payment method, as well as accepting these terms and conditions, he sends his binding offer by clicking on the button "Buy now". Following this ordering process, the buyer receives an e-mail from Digistore24 with the order confirmation. However, this order confirmation does not constitute an acceptance of the offer sent by the Buyer to Digistore24.
Digistore24 saves the contract text of the order and the Buyer can print it before sending his order to us by clicking on "Print" in the last step of the order process. We will also send the buyer an order confirmation as well as an order confirmation with all order data to the email address provided by the buyer.
The Buyer can access further information on data protection at any time at https://www.digistore24.com/page/privacy.
Acceptance by Digistore24 is effected by express declaration of acceptance to the Buyer by e-mail no later than the end of the third business day following the day of the offer, or by sending the goods subject to the contract.
Digistore24 is entitled to reject contract offers without giving reasons.
If the Buyer is an entrepreneur, Digistore24's offers are subject to change and non-binding.
The contract language is exclusively German."
Thus, we do not become a contractual partner, but merely provide Digistore24 with our services. After conclusion of the contract, you will receive the access data for our website and can use our services. If there is a right of withdrawal regarding the service, you have to contact Digistore24.
By concluding the contract with Digistore24, an account for our website will be created for you. The password that allows you to access the personal area must be kept strictly confidential and may not be disclosed to third parties under any circumstances. You shall take appropriate and reasonable measures to prevent third parties from obtaining knowledge of your password. An account cannot be transferred to other users or other third parties. We are not liable for any damage caused by misuse of the password.
1.5 Performance
We are entitled to have the contract or parts of the contract fulfilled by third parties.
1.6 Time of performance
Unless otherwise expressly agreed, we will begin to provide the service after the conclusion of the contract with our partner Digistore24 by activating your account.
1.7 Termination of a free trial account
The term of the paid subscriptions is preceded by a 30-day trial period. The free user relationship is concluded for 30 days. It begins with the activation of the account and can be terminated by you at any time by deleting your profile via the usual account deletion routine. In particular, we reserve the right to delete user accounts that are not fully logged in and have been inactive for a period of at least three months. We are entitled to delete the profiles and content assigned to the account after the end of the free usage period. A premature termination of a test account, which is currently used to publish offers, will only be carried out by us for good cause.
1.8 Paid subscriptions
The paid subscriptions can be terminated with a notice period of one working day to the end of the respective term in text form, without giving reasons, addressed to your contractual partner Digistore24. If the contract is not terminated in time, the contract will be automatically extended by the respective initial term. The right to extraordinary termination for cause is not affected by this. We are entitled to delete the profiles and contents assigned to the account after the termination takes effect. An account that is currently used to publish offers may only be terminated by us for good cause.
2. Your responsibility
2.1 General
You are solely responsible for the content and accuracy of the data and information you submit. You also undertake not to transmit any data whose content infringes the rights of third parties or violates existing laws. By transmitting data to us, you confirm that you have complied with copyright regulations.
2.2 Abusive contributions
Abusive content or contributions will be deactivated or deleted by us without prior notice. Such content designs are given, for example, in the following cases:
In case of recurring violations, we reserve the right to block or delete your account. In this case, payments already made cannot be refunded. The right to extraordinary termination remains unaffected.
2.3 Release
You shall indemnify us against all claims asserted against us by third parties due to such violations. This also includes the reimbursement of costs of necessary legal representation.
2.4 Profile data
You are obligated to keep the content and profile information you have posted up to date at all times and to inform us immediately of any misuse of your profile.
2.5 Personal responsibility
We merely make our services available to you, but do not check whether all data relevant to you is sufficiently taken into account. Before using our services, you must inform yourself as to which data you require for trading. An economic success resulting from the use of our platform is expressly not owed and can also not be guaranteed, as you are solely responsible for the decisions you make.
3. Payment
3.1 Prices
All prices are exclusive of VAT. We expressly do not become a contractual partner, but merely provide Digistore24 with our services.
3.2 Right of retention
You are only entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.
4 Usability of the services
4.1 Further development of the service / availability
We make every effort to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, provided that such changes do not affect the core services and are reasonable for the contractual partner, taking into account the interests of the contractual partner. We are also entitled to interrupt the website operation partially or completely within reasonable limits for the purpose of updating and maintenance. In this respect, we do not guarantee the availability of the services offered at any time and do not warrant that the services offered or parts thereof will be made available and can be used from any location. Your warranty rights are not affected by this.
4.2 Technical requirements
The use of the website requires appropriate compatible devices. It is your responsibility to put or keep the device in a condition that allows the use of the website services.
4.3 Fair Use Policy
You are entitled to use our services as intended and lawfully (Fair Use / Acceptable Use). The calculation of the use of the service is based on the average use of Coachy's resources (Fair Use). If the provided resources (especially storage space and traffic) are used beyond the acceptable level, we will contact you and ask you to reduce the usage to an acceptable level within a period to be specified. If you do not respond, we reserve the right to charge you for any costs incurred and to terminate the contract (without notice if necessary). You have to inform Coachy in advance about a plannable and time-limited above-average usage (especially traffic and storage space). For this purpose, please contact our support team by e-mail (support@coachy.net).
5. Evaluations
5.1 General
We give you the opportunity to evaluate our offers and services as well as those of our providers. In doing so, you are obliged to provide the information to the best of your knowledge and belief. Submitted evaluations can be editorially reviewed by us for their admissibility. We are entitled, but not obliged, to publish ratings on our website and make them visible to all users.
5.2 Abusive or illegal ratings
Abusive or illegal ratings will be deactivated or deleted by us without prior notice. This is especially the case if false, insulting or other illegal statements are made, or if the ratings are misused as advertising space.
6. Use of content
By placing content in the database, you grant us the right to use this content for an unlimited period of time for the purpose of placing and making it available in the database and for retrieval and storage by third parties, in particular to store, reproduce, make available, transmit, link and publish the content. This may also be done by or in the form of advertising material (in particular linking on social networks, use for commercials, use for your own website or also in printed form, etc.) by us or by third parties. In this case, the author explicitly waives his right to be named. Furthermore, we receive the right to rework the content, especially if it does not meet the above requirements of these conditions.
7. Warranty
The statutory warranty rights apply.
8. Liability
8.1 Exclusion of liability
We as well as our legal representatives and vicarious agents shall only be liable for intent as well as gross negligence and, insofar as essential contractual obligations (consequently such obligations whose compliance is of particular importance for the achievement of the purpose of the contract) are concerned, also for slight negligence. Liability for gross and slight negligence shall be limited to the foreseeable damage typical for the contract.
8.2 Reservation of liability
The above exclusion of liability shall not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.
8.3 Data backup
We carry out effective data backups as part of the service provision, but do not provide a general data backup guarantee for the data transmitted by you. You are also responsible for creating appropriate backups of your data at regular intervals to prevent data loss. We will exercise reasonable care in providing the agreed service and will provide the data backup with the necessary expertise. However, we do not warrant that the stored content or data you access will not be inadvertently damaged, corrupted, lost or partially removed.
9. Final provisions
9.1 Place of jurisdiction
Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.
9.2 Choice of law
Unless mandatory statutory provisions according to your home country's law conflict with this, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
9.3 Consumer dispute resolution procedure
The EU Commission has created an Internet platform for the online resolution of disputes concerning contractual obligations arising from online contracts (OS platform). You can access the ODR platform at the following link: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
9.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.
Disclaimer
German law applies exclusively. The German version of these general terms and conditions is binding. The English version is for information purposes only.
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