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General terms and conditions
The provider of the FLEXVIT Online Trainings is Flexible Sports GmbH (for data see www.flexvit.band/impressum), which operates the website www.flexvit-education.com ("Website") and offers FLEXVIT trainings and online courses to companies as well as consumers.
Our online courses and payment processing services are offered and/or provided by Thinkific Labs Inc ("Thinkific"). Thinkific provides us with the platform to create online courses via the URL online.flexvit-education.com ("Learning Platform"), which enables us to sell our products/services.
General information and scope of application
These GTC apply in the context of orders placed via Thinkific and for purchase contracts between Flexible Sports GmbH ("Seller") and the orderer ("Customer"), subject to individual agreements and arrangements that take precedence over these GTC. Counter-confirmations by customers with reference to their own terms of use, business and/or purchase are hereby already contradicted.
Should individual provisions be or become invalid, the remaining provisions shall remain valid. The invalid provision shall be replaced by the statutory provision. By placing an order, the customer declares his agreement with our terms and conditions.
The customer is a consumer insofar as he concludes the contract for purposes that can be attributed to his private sphere. In contrast, an entrepreneur/company is any natural person, legal entity or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
These GTC are supplemented by the training information and the data protection information, each in its current version, available on this website. At the same time, the right of revocation is explained below.
Contract conclusion
The contract is concluded exclusively in electronic business transactions via Thinkific. The presentation of the training courses on the website and the learning platform do not constitute a legally binding offer, but a non-binding invitation to the customer to submit a corresponding purchase offer to the seller. By clicking the "Complete Purchase" button, the customer submits a binding purchase offer (§ 145 BGB).
The purchase contract for the selected item(s) is concluded when the seller confirms the order. This occurs no later than five days after receipt of the order by confirmation in text form (e-mail). During this time, the customer is bound to his order.
Maturity
The due date always depends on the respective payment method.
For one-time payments, the course fee is due immediately with the purchase of the course.
In the case of installment payments, the first agreed course fee is also due with the purchase of the course. The subsequent monthly course fees are then collected on the date on which the course was purchased (for example: purchase on 01.01. - due date for course fees on 02. of each month; purchase on 31.01. - due date for course fees on the last calendar day of each month).
The subject of the contract are the courses specified by the customer within the framework of the order and the courses specified in the order and/or order confirmation at the final prices stated on the website. Errors and mistakes there are reserved.
Payment
The purchase transaction takes place via Thinkific. More about the provider of our learning platform: Privacy policy
Payment is made by credit card or PayPal. You can choose between an installment payment or a one-time payment.
Credit card
The credit card will be charged upon completion of the order. The activation of the online course takes place upon completion of the order, so that the processing of the online course can be started immediately after completion of the order. The debiting is fully automatic. Access is automatically activated.
Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). It is pointed out that personal data is collected, processed and used there. Payment information is entered via Thinkific, but this is forwarded directly to the Stripe service. FLEXVIT and Thinkific assume no liability whatsoever with regard to payment processing.
With regard to payment, the terms of use, payment and data protection of Stripe Payments Europe, Ltd. (https://stripe.com/de/legal/payment-terms) apply exclusively. Stripe reserves the right to perform a credit check and to reject this payment method in case of a negative credit check.
PayPal
Payment via the online payment provider PayPal generally requires an existing customer account or registration with PayPal. The activation of the online course takes place upon completion of the order, so that the processing of the online course can be started immediately after completion of the order. The access will be activated automatically.
Should a one-time payment fail, access to the course will not be granted.
Should an installment payment fail, course access will be blocked until the installment is received in a delayed manner or the entire outstanding amount is paid in arrears.
Prices
All prices are in Euro. Prices for consumers include the statutory value added tax.
For deliveries to consumers (end users) in countries of the European Union (EU), the currently valid VAT of the Federal Republic of Germany shall apply. Unless the exemption criteria of § 4 No. 1b) in conjunction with § 6 a UStG apply. For orders from non-EU countries, the prices do not include the German VAT.
Use of the online courses
Unless otherwise stated, with the purchase of an online course the customer acquires access to all content for a limited period of six months to the course he has booked.
A claim to the use of the learning platform as well as the online courses exists regularly only within the framework of the technical and operational possibilities of the seller and Thinkific. The seller is entitled to interrupt the operation of the learning platform as well as the use of the online courses for compelling technical reasons or due to necessary maintenance work without prior notice.
Right of withdrawal
Immediately after signing the contract, access to the learning platform is possible and all content can be viewed digitally. If you choose to pay in installments, the outstanding installments will also continue to be collected until they are paid in full.
If an installment payment fails, access to the course will be blocked.
It is possible to cancel an order within the legally prescribed period of 14 days from the date of purchase. This will also cancel access to the learning platform.
Respect and protection of copyrights and trademarks
The documents issued as part of a course or made available for retrieval via the Internet (scripts, videos, graphical representations, etc.) are protected by copyright. The trademarks and logos listed on the documents enjoy protection under the Trademark Act. Each customer is obligated to use the documents and files accessible to him only within the scope expressly permitted to him here or permitted by virtue of mandatory statutory regulation even without our consent and not to promote unauthorized use by third parties. This shall also apply after termination of participation.
The files and documents may only be accessed and viewed by customers and only for their own training. Otherwise, all rights of use to the files and documents remain reserved. Therefore, in particular, the making of copies of files or the transfer or forwarding of files to third parties or any other use for other than own study purposes, whether against payment or free of charge, requires the express prior written consent of the seller, even after the end of the course participation. Forms of use that are permitted due to mandatory legal provisions are naturally excluded from this reservation of consent.
Secrecy of the access data
Every customer is obliged to keep his special access data (user name and password) secret and not to pass them on to third parties.
The access data will be deleted by the seller at any time at the request of the customer. A reset of the password for the user account is possible via the learning platform.
Own provision of suitable IT infrastructure and software
Each customer is responsible for providing and guaranteeing Internet access (hardware, telecommunications connections, etc.) and the other technical equipment and software (in particular web browser and Acrobat Reader®) required for the use of online offers himself and at his own expense and risk.
Changes to the conditions of participation
The Seller reserves the right to change these Terms and Conditions by deletions, substitutions or additions. In such a case, the Seller shall notify the Buyer of the change in the Terms and Conditions. Each Customer shall have the right to express its consent to the amended Terms and Conditions within a period of 14 days from the date of receipt of the notice. If the Seller does not receive any statement within this period, the Customer shall be deemed to have agreed to the amended Terms and Conditions. However, this shall not apply if the Seller, when notifying the Customer of the amendment to these Terms and Conditions, did not at the same time specifically draw the Customer's attention to the significance of his silence during the period.
Liability
Claims of the customer for damages are excluded, unless otherwise stated in the following reasons. This also applies to the representative and vicarious agents of the provider, if the customer raises claims for damages against them. Excluded are claims for damages by the customer for injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.
All content (the description, images and videos) in the online courses does not constitute medical advice or treatment plan and is intended for general educational and demonstration purposes only. The content should not be used for self-diagnosis or self-treatment of any health, medical or physical condition. The content cannot substitute for professional advice or a doctor's visit. To be on the safe side, a physician or physical therapist should always be consulted before using any exercises for specific ailments.
Other terms and conditions
The place of performance for all services arising from the business relations existing with us as well as the place of jurisdiction shall be the Seller's place of business if the Customer is a merchant, a legal entity under public law or a special fund under public law or if the Customer has no place of residence within the European Union. We are entitled to sue at the general place of jurisdiction of the customer.
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In dealings with end consumers within the European Union, the law of the end consumer's place of residence may also be applicable, provided that it is mandatory consumer law provisions.
Status of these GTC: 07.04.2022