Conditions
In order for you to understand your rights as best as possible, we will try to explain our terms and conditions in simple terms below.
1. Scope of General Terms and Conditions (GTC)
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These GTC apply to the use of the online services offered by Go-For-Black-Belt GmbH (hereinafter "GFBB"), which include video courses, online training, training videos, live online training sessions, online belt promotions through belt exams, and training consulting in the field of martial arts, especially Traditional Taekwondo.
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Ordering the aforementioned online services is only possible after explicit consent to these GTC.
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Any deviations from or additions to these GTC will only become part of the contract if expressly confirmed in writing by GFBB.
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Prospective customers are individuals who are interested in the services offered by GFBB. Members of GFBB are exclusively individuals who are entitled to use the online services of GFBB due to a subscription contract concluded with GFBB (hereinafter also referred to as "online contract").
2. Conclusion of the contract
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The contract between GFBB and interested parties is concluded by concluding the online contract on one of the websites https://go-for-black-belt.de, https://go-for-black-belt.com, https://mission-black-belt.com, or https://go-for-black-belt.es.
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By clicking the "order" button, the interested party (hereinafter "member" after conclusion of the contract) submits a binding offer to conclude the selected online contract. The contract is concluded by acceptance of the offer by GFBB via email. An email that merely confirms receipt of the offer by GFBB does not constitute acceptance of the offer.
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Upon conclusion of the contract, the member receives a copy of the online contract by email to the email address provided by the member. Further communication with the member can take place via this email address. Notifications by email are considered written and thus binding communication.
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The member expressly agrees that legally significant declarations (e.g. reminders, declarations of changes to the GTC, etc.) can be delivered either in writing by post to the last postal address mentioned by him or her or by email to the last email address mentioned by him or her. Changes to important data, in particular postal or digital addresses, must be reported immediately by the member by email to the email address info@go-for-black-belt.de. If the member does not report such changes and therefore does not receive legally significant declarations from GFBB, the declarations are nevertheless deemed to have been received when sent to the last known address or email address. In the case of payment for online services by direct debit, changes to the bank account can only be taken into account if they are communicated in writing no later than three days before the payment is due.
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Contracts with minors (persons under the age of 18) can only be concluded with the written consent of their legal representative.
3. Right of withdrawal for online contracts with consumers
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Consumers have the right to withdraw from online contracts without giving any reason within 14 days of concluding the contract. To exercise the right of withdrawal, the consumer must inform GFBB in writing (by letter or email to info@go-for-black-belt.de) of their decision to withdraw from the contract. To comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Alternatively, the model withdrawal form attached to these GTCs may be used to exercise the right of withdrawal.
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In the event of withdrawal from a contract by a consumer, GFBB will refund all payments made by the consumer without undue delay and in any event not later than 14 days from the day on which GFBB is informed about the withdrawal. GFBB will make the refund using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise. The consumer will not incur any fees as a result of such reimbursement.
4. Scope of Services and Service Level
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The type and scope of online services depend on the online contract and the selected service package, as well as any additional services ordered through the GFBB homepage at https://go-for-black-belt.de (e.g., private lessons, exams, etc.).
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The services provided under the online contract may only be used by the member specified in the online contract. The transfer of the entitlement to services to another person is excluded.
5. Use of Online Services
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GFBB is not obliged to check the mental and physical suitability of a member for the offered trainings, courses, or exams. The type, scope, and intensity of each training is the sole responsibility of each individual member. The selected training and all exercises must always be adjusted to the individual physical abilities. In case of underlying medical conditions or physical discomfort or pain, the execution of training and/or exercises must be clarified with a doctor beforehand.
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Any recommendations (e.g. feedback within a subscription) given by the employees and experts of GFBB reflect their subjective assessment as trainers and coaches. The execution of each exercise or training program is solely the responsibility of the member and lies within their own area of responsibility. A consultation or written advice cannot replace medical or therapeutic advice.
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GFBB endeavors to ensure the availability of its services as continuously as possible. GFBB is not responsible for interruptions due to necessary maintenance work, force majeure, technical disturbances of the internet or for any other reasons that GFBB cannot significantly influence.
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All existing legal copyrights and other rights of GFBB must be observed by the member. The member may not reproduce, distribute, or make content of GFBB publicly accessible unless explicitly permitted.
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Hardware, software, and a broadband internet connection are necessary for accessing the content of GFBB. The user must provide these at their own expense.
6. Liability / Disclaimer
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GFBB is not liable for personal or material damages incurred by members as a result of overestimation of their abilities or failure to follow instructions or recommendations (feedback) given by the trainers during the use of the agreed services.
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GFBB is only liable for other personal, material and financial damages if they are based on intentional or grossly negligent breach of duty by GFBB or one of its agents. This does not apply to consumers.
7. Remuneration and Payment Term
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The contractually agreed remuneration for the respective subscription is due for payment in advance. All fees can be viewed on GFBB's website at https://go-for-black-belt.de or https://mission-black-belt.com and are inclusive of VAT at the respective legal rate. Payment is considered timely if it has been initiated on the due date.
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The conclusion of an online contract (purchase of online services), as well as all other additional services offered by GFBB (e.g. examinations, private lessons) and the agreement of the payment method and payment terms, are exclusively carried out via the above-mentioned GFBB website. Additionally offered services (e.g. examinations, private lessons) are not included in the fee for the subscription and must be ordered separately and paid in advance as well.
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In case of payment default, GFBB is entitled to claim default interest at the statutory rate. In case of payment arrears, incurred collection costs (reminder fees) may also be claimed if the costs for the collection of the arrears are necessary and appropriate and in a reasonable relation to the outstanding claim. Both contracting parties have the opportunity to prove that the actual damage was higher or lower. Payment reminders can be sent in writing by letter or email.
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On the GFBB website at https://go-for-black-belt.de or https://mission-black-belt.com, interested parties are offered the opportunity to test GFBB's online services free of charge, without obligation, and without further obligation to provide payment details, for a period of 14 days. An interested party must register to use GFBB's offer (paid subscriptions as well as a free trial subscription). However, there is no legal entitlement for interested parties to a free trial subscription. If an interested party concludes a free trial subscription and becomes a member, this trial subscription ends automatically and without further obligation after 14 days. The interested party/member will receive an email in due time before the end of the trial subscription with an offer to conclude another, paid subscription. The interested party/member is free to choose whether or not to accept this new, now paid, offer.
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If an interested party/member does not conclude a new contract with GFBB after the 14-day free trial subscription has ended, GFBB may use personal data of the interested party/member previously collected for its own advertising purposes free of charge until revoked by the interested party/member. Further information on data protection can be found at https://go-for-black-belt.de/datenschutzerklaerung or https://mission-black-belt.com/datenschutz.
8. Contract duration and termination.
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Our online subscription for Taekwondo courses is subject to certain contract terms that are selected and agreed upon by the subscriber. The minimum contract term is one month. After this minimum term has expired, the contract will automatically be extended by another month, unless notice of termination has been given. If the customer chooses an annual subscription, the minimum term is 12 months. After this period, the contract will automatically be extended for another 12 months, unless notice of termination has been given at least one month before the upcoming renewal. The termination of the online subscription can be made by both parties, by the member as well as by GFBB, only at the end of the agreed minimum contract term and thereafter at the end of each respective renewal period. Termination must be made in writing and can be submitted by mail, email, or through our website. Termination must be received by GFBB no later than one month before the end of the contract term. The date of receipt of the termination by GFBB is decisive for compliance with the deadline. Please note that verbal or telephone termination will not be recognized. The agreed membership fee must be paid in full until the end of the contract term." Please note that you should consult a legal advisor to ensure that all conditions in your terms and conditions are legally binding and in compliance with applicable EU/Austrian laws and regulations.
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The parties to the online contract may terminate the contract with immediate effect for good cause (e.g. in the event of a breach of essential contractual obligations by the other party), without being bound by notice periods or termination dates. In the event of justified termination of the contract by the member, the member is entitled to a pro rata refund of the fee already paid.
9. Data Protection - Information on Data Processing according to GDPR
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Members can receive information on the processing of their personal data by postal mail or email upon request or can access and download it on our website https://www.go-for-black-belt.de/datenschutzerklaerung or https://mission-black-belt.com/datenschutz. GFBB reserves the right to change the information on data processing at any time and to adjust it to the actual circumstances within the legally permissible framework.
10. Jurisdiction and applicable law
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The exclusive jurisdiction of the Commercial Court of Vienna is agreed upon to decide all disputes arising from an online contract, as well as disputes concerning the validity and applicability of these terms and conditions.
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These terms and conditions and the online contract are subject exclusively to the law of the Republic of Austria, excluding any reference to other laws.
11. Severability clause
If any provision of these Terms and Conditions or the online contract is or becomes invalid or unenforceable, this shall not affect the validity of the other provisions of these Terms and Conditions or the online contract. The parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the content and purpose of the invalid or unenforceable provision.
12. Formal requirement
Changes or additions to an online contract require written form.