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Terms & Conditions

1. Scope of application

a) For the business relations between fitnessschool.tv, run by Bath und Piatek GbR, Cheruskerstr. 21, 10829 Berlin (subsequently „fs.tv“) and the user following terms and conditions apply exclusively in their currently valid version at the time of the order or purchase. 
b) Users are consumers in the meaning of § 13 BGB , i.e. natural persons who enter into the relevant transaction for a purpose that is neither commercial nor can be attributed to its independent professional activity. In other cases, they are entrepreneurs according to § 14 BGB.

2. Service

a) Fs.tv runs an online platform under www.fitnessschool.tv (subsequently „Website“), on which self-produced education and training videos for the fitness and aerobic industry. Therefore this service is primarily aimed at fitness trainers. 
b) The users can purchase these videos for download or watch it online via streaming. Additionally there is the possibility for all registered users to buy premium courses for download. Which videos the user can download or view in streaming depends on the chosen membership. There is a distinction between regular and premium courses.

3. Contract, membership

a) With the  registration on this website a contract is concluded between the user and fs.tv. The user can decide on the kind of membership (“basic” or “professional”), which has an impact on which course and content is available to the user. 
b) Within a “basic” membership the user has access to all “free” and “basic-free” videos on the website. Additionally certain courses can be bought for download. 
c) Within a “professional” membership the user can view all videos in streaming, except premium content. Also in this membership courses can be bought for downlaod. The “professional” membership is optionally offered as a subscription with automatic renewal.

4. Prices

a) The “basic” membership is free of charge. Only the “professional” membership is causing charges for the user. The concrete costs are available on the pricing page of the website and will be clearly displayed to the user at the time of agreement. 
b) The “professional” membership is available in a monthly billing with automatic renewal, or for a certain period without automatic renewal. 
c) Also the prices for the download purchase for “basic” or “professional” users are clearly displayed at the website.
d) All displayed prices are including the respective legal value added tax. 

5. Contract duration

a) The free “basic” membership is valid for an undefined duration and can immediately be deleted from either side. 
b) The “professional” membership can be granted with a recurring and with a non-recurring option. With the non-recurring option the membership ends automatically after the contracted duration. Any cancellation is not necessary and will not be offered. There will be no refund. With the recurring option the membership is automatically renewed. The user can cancel this renewal at any time on the membership page of the website. After cancellation the membership ends automatically after expiration of the already payed period. No further billings will be initiated, but there will be no refund of already payed fees. Until the expiration of the already paid period the cancellation can be undone, which brings back the automatic renewal of the membership. All these functions are accessible from the personal membership page of the website. 
c) Any membership can be deleted from the fs.tv website. This action deletes all information of the user, its playlist, its purchases and its personal data from the fs.tv database with immediate effect. A login to the fs.tv website is not possible anymore hereafter. There is no refund for the rest of the paid period in case of professional membership. 

6. Download of courses and videos 

a) Fs.tv grants the user a non exclusive, locally unrestricted right to use the downloaded courses and videos. Any sub-licencing of the downloaded courses and videos is excluded.  These rights are only granted after full payment. 
b) The commercial use of any courses or videos is excluded, especially copying, distribution or sales. Also any non-commercial distribution and copying is forbidden. 
c) The purchased courses and videos are offered to the user for repeated download on the fs.tv website without limitations and also after change of membership.  Although after complete deletion of the account by the user via the membership page of the website, also the download information is deleted and can not be offered again after the user returns to fs.tv.

7. Streaming of courses and videos

The user is neither allowed to copy or distribute the courses and videos offered in streaming, nor to generate a permanent copy of the courses and videos for the user herself.

8. Conditions of payments 

a) The payment can be done with credit cards (international), paypal (international) or SOFORT transfer from bank account (Germany only). 
b) The payment is due immediately after conclusion of the contract. In case of overdue payments fs.tv can claim for legal or agreed interest on account of delay without further announcement.

9. Obligations of the user 

a) The user has the obligation to fill in all necessary information in the web form truthfully and providing correct information during the registration on the fs.tv website. A successful registration is only possible after completion of all mandatory fields. 
b) Users are allowed to access the fs.tv website with only one profile/account at a time. In case of losing the registration information, the user commits to contact fs.tv immediately. 
c) Handing the registration information to any third party is not allowed.

10. Liability

a) The user confirms with the contract agreement that she is of physical health and fit enough for executing the exercises displayed in the provided course and videos. Fs.tv herewith indicates that a good physical condition and fitness is a precondition to execute the exercises shown in the courses and videos in general. 
b) For a liability to compensation of fs.tv there are following exclusions and limitations beyond legal claim requirements. 
c) Fs.tv is liable without limitations in case of damage caused by intention or gross negligence. 
d) Furthermore fs.tv is liable for the negligent breach of obligations, which endangers the purpose of the contract, or violation of duties the fulfillment of which makes the proper execution of the contract possible and on which fulfillment you rely. In this case fs.tv is liable only for the foreseeable, typical damage . Fs.tv is not liable for the negligent breach other than those mentioned in the preceding sentences. 
e) The above limitations shall not apply to injury of life, body or health, for a defect after a guarantee for the quality of the product and for fraudulently concealed defects . Liability under the product liability law remains unaffected.
f) If the liability is excluded or limited by fs.tv , this also applies to the personal liability of employees, representatives and agents.

11. Revocation

power of revocation

The user has the right to cancel this contract within fourteen days without giving a reason. The revocation period is fourteen days from the date of contract. To exercise the right of cancellation , the user must contact fs.tv ( fitnessschool.tv Bath & Piatek GbR, Cheruskerstr. 21, 10829 Berlin , revocation@fitnessschool.tv) by means of a clear statement (e.g. as a consigned by post mail or e -mail) , inform the users decision to withdraw from this contract. The user may use the attached model withdrawal form, but it is not compulsory. To meet the cancellation deadline, it is sufficient that the user sends the communication concerning the exercise of the right of revocation before the deadline.
Effects of revocation
If the user revokes this contract, fs.tv will reimburse the payments received from the user, and repay immediately at the latest within fourteen days from the date on which the notice of your revocation is received by fs.tv. For this repayment fs.tv uses the same method of payment that the user used in the original transaction, unless fs.tv and the user expressly agreed otherwise.

12. Note on revocation

Users are advised that they will lose their legal right to revoke the contract with the start of the execution of a download or a streaming process. Users will also agree that, by the beginning of the download or streaming process the execution of the contract is started before the end of their revocation period.

13. Privacy Policy

Fs.tv processes personal data of the user only for internal purposes and in accordance with the legal regulations. The specified personal information (such as name, e- mail address, mailing address, bank data) provided for for the purpose of ordering goods are used by fs.tv for the processing of the contract. These data will be kept confidential and not disclosed to third parties who are not involved in the ordering, delivery and payment procedures. The user has the right to request to receive free information about the personal data stored by fs.tv about him. In addition, the user has the right to correct inaccurate data, blocking and deletion of their personal data, insofar as there is no legal obligation to retain .

14. Final clause

a) For contracts between the user and fs.tv shall apply the laws of the Federal Republic of Germany under exclusion of the UN Sales Convention.
b) The contract language is German.
c) Fs.tv stores the contract text and sends the user the order information and the terms and conditions via e- mail. The customer can always view and download the terms and conditions from the fs.tv website. The previous orders can be viewed at the user 's login to the extent a user account has been registered. 
d) If he user is a merchant, a legal entity under public law or a special fund under public law, the jurisdiction for all disputes arising from contractual relationships between the user and fs.tv is the jurisdiction of the office of fs.tv..


 

Contact

Bath & Piatek GbR

Cheruskerstrasse 21 

10829 Berlin

 

Telephone: +49-160-1634575

 

contact@fitnessschool.tv

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