GENERAL TERMS AND CONDITIONS FOR THE USE OF B42
between SFY GmbH, Industriestrasse 15, 84149 Velden, Germany, registered in the Commercial Register of the Landshut Local Court under HRB 10645, represented by the Managing Director Andreas Gschaider (hereinafter referred to as "us", "we", "SFY") and our users (hereinafter also referred to as "you").
B42 has set itself the goal of helping all football players to develop their full potential while at the same time providing lasting protection against injuries. In the event of a sport-specific injury, we want to offer a range of rehabilitation services that enable players to make a comeback at home without the need for additional aids. With our concepts, we want to give all athletes the opportunity - no matter where and when they want - to work on their fitness in order to be able to play the best season of their lives. B42 promotes physical fitness and general well-being and gives players access to their actual potential. We focus on the effectiveness and know-how of our trainers and experts. They support you from the very beginning on your way. At B42, you also get access to an exclusive online community where you can get answers to questions about your favorite sport. We are happy that you have decided to make full use of your potential with B42 and that we can accompany you on your way. The following General Terms and Conditions define the legal framework for the use of B42 and the services we offer.
2.1 Parties to the contract and subject matter of the contract
These General Terms and Conditions form the basis for all offers, deliveries, purchase and use contracts and services for products from our range of products acquired by you or the use of our services and products which we offer via our website https://www.b-42.com (hereinafter also referred to as "Portal") or via our software application (hereinafter also referred to as "App") under the name B42 (hereinafter also referred to as "B42"), regardless of whether this is done against payment or free of charge. We do not accept any deviating terms and conditions.
2.2 Terms and conditions for participating
In order to open a user account, use the paid and free B42 services and purchase certain B42 additional products, you must be 18 years of age and have full legal capacity. These General Terms and Conditions only apply and you are only allowed to use the Portal if you have been approved by us and you are a consumer yourself. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity can be attributed. These General Terms and Conditions do not apply to entrepreneurs and the use of B42 is not permitted for entrepreneurs. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.
2.3 Additional terms and conditions
We reserve the right to agree supplementary conditions for individual B42 services. However, we will inform you of these in good time before use.
- Conclusion of contract
The way they respective contract is concluded depends on the way you register for B42 for the first time and whether you take advantage of additional paid services. The use of individual B42 services is dependent on registration.
3.1. registration for free B42 services on the Portal or in the App
If you register via our Portal to use the free B42 services, the user contract between you and us comes into effect after complete completion of the registration process according to section 4.1 of these General Terms and Conditions. The prerequisite for this is that you provide your e-mail address. You have no claim to the registration and use of the B42 services. Upon completion of the registration process, a contractual relationship is established free of charge and these General Terms and Conditions become part of this contractual relationship.
3.2 Conclusion of a contract for one-off B42 additional products and subscriptions against payment
You can purchase individual B42 add-on products by paying a one-time fee through the Digistore or another payment service provider or by taking out a subscription. This creates a contractual relationship between the user and the respective payment service provider, which is subject to charges and separate from the registration. The contract shall come into effect when you click on the "Buy Now" field or a similar field after you have entered your payment information. If the contract is concluded via the mobile App, you shall also purchase the additional service if you click on the "Buy Now" button and, if necessary, enter your required data and passwords in the respective App Store.
3.3 Correction of input errors
If you would like to purchase additional services or paid B42 services or products on our Portal, you can correct any input errors at any time by using the button marked with an arrow pointing to the left in your browser and then making the appropriate changes. By closing your browser you can cancel the entire registration or ordering process.
The language of the contract is English.
- Registration process and user account
4.1 Registration process for free B42 services (coaching)
4.2 Registration process for paid B42 services or additional products
In order to use the paid B42 services, data is requested during the ordering process, the entire process is handled by the Digistore or another external payment provider. You can find more information about collected data here: https://www.b-42.com/privacy.
4.3 Registration process via the mobile App
When registering via mobile apps, the establishment of the usage contract depends on the rules of the respective App Store provider (e.g. Apple, Google etc.). In most cases, the contract is deemed to have been concluded when you click or press the "Install" button in the respective store and enter a password in the further course of the process. The basic requirement for using the services of B42 is always the opening of a free user account.
- B42 services, prices, terms of validity and delivery
5.1 Paid and unpaid services
The scope of the B42 services and additional products included in B42 and usable by you depends on whether and which B42 services and additional products you use free of charge or against payment. If the Portal and the B42 services are used free of charge by the unregistered and the registered user, you will only have access to certain basic functions and information of the respective B42 service, which we will inform you about before you order. An extended range of functions is available to you if you purchase certain additional B42 products (such as a Mobility Program), which are described in detail on the Portal, separately for a one-time payment. In the case of purchasing additional products that include nutritional coaching, please note that the food products recommended in the context of the coaching are not part of the B42 services or additional products and must be purchased by you separately and at your own expense from third parties. The use of the Supplement - Shop runs via the shop software of the APT - Shop. The responsible provider is MBS GmbH, Äußere Wiener Straße, 93055 Regensburg. The following link will take you to the valid General Terms and Conditions of the Supplement - Shop: https://shop.b-42.com/allgemeine-geschaeftsbedingungen
On our Portal you will find the current price models and the services and additional products that can then be used. All prices quoted are inclusive of the respective valid value added tax. Processing is carried out via the Digistore, all legal claims must be asserted against this provider.
5.3 Duration of the subscriptions
We offer our subscriptions with different durations. These are automatically extended by the period for which you have already signed a contract. The period begins with the purchase of the respective subscription and is only terminated by you cancelling it. It is based on the calendar and is independent of the duration and extent of your use.
Each subscription must be cancelled individually. You can cancel the respective subscription at any time without giving reasons, effective at the end of the minimum term or at the end of the respective extension period.
Subscriptions purchased in the App must be cancelled in the store's settings. If your subscription fee is collected by iTunes, for technical reasons, your subscription may be terminated at any time with 24 hours' notice to the end of the minimum term or renewal period. Upon termination of a subscription, your user account and other subscriptions will remain in effect, subject to further termination.
Your access data for the B42 additional products or subscriptions you have purchased will be sent to you by Digistore after the contract has been concluded and full payment has been made within Germany to the e-mail address you provided when ordering. You are not entitled to a renewed delivery of the B42 additional products you have purchased.
- Payment methods, payment terms, default and retention of title
6.1 Payment methods
The Digistore provides you with an overview of the generally accepted payment methods for purchasing the B42 add-on products. There are no costs for the use of the payment methods by us. The Digistore regulates the due date and the topics of payment obstacles, offsetting and retention of payment, as well as the retention of title. If you purchase our services in the App, the billing is done by the respective provider of the store. If B42 incurs expenses and costs as a result of your refusal to make a payment and you are responsible for this (account not covered / credit card limit exhausted etc.), we are entitled to charge you for the expenses and costs actually incurred. In some cases we reserve the right not to offer or support certain payment providers or payment methods.
- Your health
7.1 Terms and conditions with regard to your health
The use of the B42 services and suggestions contained in the B42 add-on products is at your own risk. In order to use the B42 services and the suggestions and exercises contained in the B42 additional products and subscriptions, you must be in good health. If you are aware of any medical conditions, we strongly recommend that you seek medical advice before using the B42 services and the suggestions and exercises (i.e., training or coaching) contained in the B42 additional products. This is especially true if you are aware of one or more of the following illnesses/complaints/treatments: (i) cardiovascular disease, (ii) lung or respiratory disease (including asthma), (iii) spinal and/or joint problems, (iv) neuromuscular disease, (v) surgical procedures, (vi) any other health issues. For B42 services related to nutrition and regarding additional products, you are also responsible for checking for any ingredients that may cause you to have an intolerance or allergy to any foods recommended by a coach or guide before consuming them. For our female users, the B42 services or additional products (e.g. training and coaching) offered by us should not be used by pregnant or breastfeeding women. In general: Pay attention to the signals of your body. If you are in any doubt about your health before or during your first use of B42 (e.g., because you are experiencing significant pain, general discomfort, shortness of breath, nausea or dizziness), consult your doctor before starting or continuing with B42.
7.2 No substitute for medical advice
The services and information offered by B42 and the B42 services or additional products do not constitute medical advice or a doctor's advice. Nor are they a substitute for a medical examination or treatment by a doctor.
7.3 Training/nutritional methods
Fitness and/or nutritional advice is subject to constantly evolving knowledge in relation to health science, nutritional science and sports science. Although we base our trainings and nutritional tips on current studies and knowledge, we do not guarantee that these reflect the most up to date research findings or knowledge.
- Rights and obligations of SFY
8.1 Right holder
We are the legal owner of B42 and the contents of the Portal created by us, as well as the B42 additional products. All copyrights, trademarks or other industrial property rights to B42 and the additional products, the contents, data and other elements thereof are the exclusive property of B42. This does not affect any rights you may have to the content you post on the Portal.
8.2 Interruptions in the use of the Portal
We make every effort to offer the B42 services and the Portal for retrieval without interruption. However, with all due care, it cannot be excluded that the B42 services and access to the Portal may be interrupted, in particular due to maintenance work, software updates, as well as technical or other problems that are beyond our control (force majeure, fault of third parties, etc.). We make every effort to make the B42 services and access to the Portal available again as quickly as possible, but cannot guarantee trouble-free access and operation.
8.3 Maintenance work
We may take individual B42 services or the Portal itself offline, in whole or in part, as necessary and reasonable for maintenance and repair purposes.
8.4 Discontinuation of individual B42 services
We are entitled to change or discontinue individual B42 services and the Portal. If B42 services or the Portal are discontinued, for which you have concluded a contractual relationship with a fee and have already paid a fee, the fee can be refunded upon your request.
8.5 Rights of SFY in case of breach of contract by the user
We reserve the right, until the legality of your use is proven, to delete information from the Portal, withdraw your access authorization or refuse registration or temporarily block your access in whole or in part if you use our Portal illegally or violate these General Terms and Conditions, in particular the obligations contained in Section 15 of these General Terms and Conditions. We will inform you immediately by e-mail about a withdrawal of the access authorization or the rejection of the registration as well as the blocking of the access. In case of violation of applicable laws, we are entitled to forward the relevant information to the responsible governmental authorities.
- Rights and duties of the user
9.1 Intended use
You may use the B42 services, the B42 additional products and the Portal only to the extent intended and in accordance with these General Terms and Conditions and may not modify them, their source code and the associated services or products.
- Liability for defects
10.1 Statutory provisions
Statutory provisions apply to claims due to defective services.
10.2 Disclaimer of guarantees
We do not make any representations or guarantees that the use of the B42 services will bring the training- or other result intended by you. We do not promise a concrete success. Also, the actual training result will depend on factors which cannot be influenced, such as, for example, physical disposition and preconditions. Consequently, results may vary strongly between individuals despite the same use of the B42 services.
Insofar as you are provided with guides or instructions in connection with the B42 services it is imperative that you follow them. Otherwise you risk being injured and your general health. Insofar as you use equipment or training tools it is your responsibility to ensure that such equipment and tools function properly and are installed, set up and maintained properly.
11.2 Liability principles
We shall be liable for your claims for damages arising from injury to life, body or health or from the breach of material contractual obligations (obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies and may rely) as well as for other damages which are based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents or on a guarantee assumed by us. Otherwise your claims for damages are excluded.
11.3 Liability for breach of material contractual obligations
In the event of a breach of material contractual obligations, we shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless your claims for damages are based on injury to life, body or health.
11.4 Liability of our representatives and employees
The restrictions of sections 13.2 and 13.3 of these General Terms and Conditions shall also apply in favour of our legal representatives and agents if claims are asserted directly against them.
11.5 Delay in delivery
Our liability for delay in delivery is - except in the case of intent or
gross negligence - limited to an amount of 5% of the respective purchase
price (including VAT).
11.5 Product liability
Claims under the German Product Liability Act remain unaffected.
11.6 Statute of limitations
The general limitation period for your claims for damages due to material defects and defects of title is one year from delivery. The above provision does not affect mandatory statutory special regulations on the statute of limitations and your claims for damages in accordance with Section 13.2 of these General Terms and Conditions and in accordance with the Product Liability Act, the limitation period for which is determined exclusively by the statutory limitation periods.
- Rights of use to B42 content
Depending on which services have been enabled for you, or which services you have purchased, the services we offer contain content which is protected by copyright or otherwise and we hold the respective rights. We grant you a non-exclusive and non-transferable right to use this content in a non-commercial form within the scope of the contractual provisions. Purely for the avoidance of doubt we draw your attention to the fact that in particular distributing our content or making it publicly available, e.g. on websites other than B42 websites, is not permitted.
- Responsibility for user-generated content and obligations of the user
13.1 No responsibility for external contents
You are solely responsible for content you upload within the B42 services or on the Portal. We do not adopt them as our own and do not check them. We therefore do not guarantee the accuracy, appropriateness and quality of such content.
13.2 Compliance with statutory provisions
You are obliged to comply with all applicable laws and other legislation of the Federal Republic of Germany when supplying your own content. Irrespective of whether this constitutes a criminal offence, it is generally prohibited to: - provide content that is pornographic, sexual, violent, racist, instigating, discriminatory, insulting and/or defamatory in nature, violates these General Terms and Conditions and legal regulations, official orders or morality; - violate the rights of third parties. This applies in particular to personal rights of third parties as well as property rights and intellectual or industrial property rights of third parties (e.g. copyrights, trademark rights etc.). falsify data or refrain from attempting to retrieve information or data from the Portal or to interfere or allow to be interfered with B42 or other programs operated by us or to penetrate data networks operated by us without authorization; - unsolicited advertising, promotional material, junk or mass e-mails, chain letters, etc.; - violate the personal rights of third parties as well as property rights and intellectual or industrial property rights of third parties (e.g. copyrights, trademark rights, etc.). to store, publish and/or transmit unsolicited advertising, promotional material, junk or mass e-mails, chain letters, etc.; in particular, you must also be the owner of the necessary rights to your profile picture and other photos you have uploaded. We are entitled at any time to delete, remove or block content that is illegal or violates the aforementioned principles. If you violate the aforementioned principles, we are entitled to warn you or to temporarily block your user account or to terminate the user contract for good cause in accordance with section 15.3.
In the event that you violate the principles set out in clause 13.2, you shall be obliged to indemnify us on first demand against any claims or demands of third parties of any kind whatsoever based on such violation and to hold us harmless from any claims that third parties may assert against us for violation of their rights due to content you store, publish and/or transmit within the scope of our Portal. This also includes the reimbursement of the costs incurred for legal defence (lawyer's fees and court costs). However, the prerequisite is that you are responsible for this according to the legal regulations. We reserve the right to assert claims for damages and other claims.
- Personal data
By registering for B42 or ordering from B42, you agree that we may store your personal data and your B42 usage data.
- Ending the contract
15.1 User contract
You can delete your user account at any time and without giving reasons and thus also terminate your user contract. Subsequently, we will delete all data and contents you have posted, and you will no longer be able to access them. If your account is deleted during an ongoing subscription whose term has not yet ended, any payments you have already made will not be refunded, not even proportionately. Furthermore, we are entitled to terminate the user contract without giving reasons - at the earliest at the end of the term of a one-time service, at the end of the minimum term or the respective extension period.
15.2 Subscription and cancellation
In general, each subscription to one of our services must be cancelled individually, at any time without giving reasons and always at the end of the minimum term or at the end of the respective extension period. This can be done by sending an e-mail to member@ b-42.com or via the link of the Digistore that is included in the confirmation e-mail of your order. If you have purchased via the App, you must cancel your order via the settings of the respective store. After a cancellation your user account will remain valid. We reserve the right to cancel any subscription at the end of the subscription period or at the end of the extension period with two weeks' notice in text form.
15.3 Cancellation for good cause
Furthermore, we are entitled to cancel the user contract or subscription concluded with you with immediate effect and without notice or to delete your user account if, in a particularly serious or repeated case, you have violated the provisions of our user contract or the General Terms and Conditions or are - after initiated default action - in arrears with your payment obligations.
- Right of withdrawal
17.1 Withdrawal policy
If you have entered into a contract of use or a contract for a one-off additional service or a subscription with us, you are entitled to the following right of withdrawal.
You have the right to withdraw the contract within 14 days without stating any reasons. The withdrawal period runs for 14 days from the conclusion of the contract.
To exercise your right of revocation, you must send us:
Industrial road 15
unequivocal notification (e.g. a letter sent by post, or an email) of your decision to withdraw the contract. If you use this option, we will send you immediate (e.g. via email) acknowledgement of the receipt of such withdrawal. To meet the deadline for withdrawal it is sufficient to send us the notification of your wish to exercise your right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw the contract we are obliged to refund all the payments that we have received from you, including the delivery costs (except for any additional costs incurred as a result of your choosing a different delivery method to the least expensive standard delivery method that we offer), promptly and at the latest within 14 days from the day on which we received the notification of your withdrawal of the contract. For this refund we will use the same payment method that you used for the original transaction unless a different arrangement has been expressly agreed with you; under no circumstances will you be charged any fees in respect of this refund.
If you asked for the services to start during the withdrawal period you must pay us an appropriate amount, equal to the proportion of the services that have already been provided by the time you inform us that you are exercising your right to withdraw this contract compared to the full scope of the services covered by the contract.
End of the withdrawal policy
17.2 Lapse of the right of withdrawal
In the case of a contract for the provision of services the right of withdrawal lapses if we have provided the service in full and only began to perform the service after you gave your express approval and simultaneously confirmed that you were aware that you would lose your right of withdrawal if we had completely fulfilled the contract.
In the case of a contract for the delivery of digital content that is not stored on a physical data carrier the right of withdrawal also lapses if we have begun to perform the contract after you gave your express approval and simultaneously confirmed that you were aware that you would lose your right of withdrawal once we had begun to perform the contract.
- Data protection
- Changes to the General Terms and Conditions
We reserve the right to change and adapt these General Terms and Conditions with effect for the future. We will advise you of the changes by email no later than six (6) weeks before the new version of the General Terms and Conditions of Business is scheduled to enter into force. We will especially inform you about your right of objection, the deadline for this and the legal consequences of your silence or objection. If you do not object to the validity of the new General Terms and Conditions within this period, the new General Terms and Conditions shall be deemed accepted. In the event of an objection, we expressly reserve our rights of termination.
- Final provisions
17.1 Applicable law
The relationship between the parties is governed exclusively by German law under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable where such law contains consumer law provisions that it is mandatory to apply.
17.2 Place of jurisdiction
If you do not have a place of general jurisdiction in Germany or in another EU Member State, or if you have moved your permanent place of residence to a country outside the EU after these General Terms and Conditions of Business have entered into effect, or if your permanent place of residence or usual place of residence at the time the complaint is filed is not known, then the exclusive place of jurisdiction for all disputes arising from this contract will be our place of business.
17.3 Severability clause
Should any individual provisions of these General Terms and Conditions of Business be or become invalid in whole or in part, this will not affect the validity of the remaining provisions. You and we shall endeavour to find a provision in place of the ineffective provision which is legally and economically most appropriate to the contractual objective.
- Information about the supplier
SFY GmbH, Industriestrasse 15, 84149 Velden E-mail: firstname.lastname@example.org Managing director: Andreas Gschaider. Registered at Landshut Local Court: HRB 10645
- Option to save and review the contract language
These General Terms and Conditions can be viewed at https://www.b-42.com. If you want to save these General Terms and Conditions permanently on a data carrier, you can download them as ".pdf" files free of charge at https://www.b-42.com. Please consult your web browser's help documentation if you need help with saving the file. To open a "pdf" file you may need special software such as the free Acrobat Reader program or a similar software program that handles "pdf" files. You can review any further contractual information and data in your user account. Alternatively, you may also print or store the order confirmation which you will receive after making a purchase.