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 are provided by Thinkific Labs Inc. (“Thinkific”) is offered or carried out. Thinkific provides us with the platform to create online courses through 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 of 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 trainings 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 payment method.

For one-time payments, the course fee is due immediately upon 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 further monthly course fees will then be collected on the date on which the course was purchased (e.g.: 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. It is possible to choose between an installment payment or a one-time payment.

Credit card
The credit card will be charged upon completion of the order. The online course is activated upon completion of the order, so that processing of the online course can begin immediately after completion of the order. The debit is fully automatic. The access will be activated automatically.

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 online course is activated upon completion of the order, so that processing of the online course can begin immediately after completion of the order. The access will be activated automatically.

If a one-time payment fails, access to the course will not be granted.

If an installment payment fails, 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. The 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 value added tax of the Federal Republic of Germany applies. Unless the exemption criteria of § 4 item. 1b) in conjunction with § 6 a UStG. For orders from outside the EU, prices do not include 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 by installments, the outstanding installments will also continue to be collected until they are paid off in full.

If an installment payment fails, access to the course will be blocked.

It is possible to cancel an order within the statutory period of 14 days from the date of purchase. This also terminates 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 also applies after the end 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 passing on 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. Resetting 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.

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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. Every customer has the right to express his opinion within a period of 14 days from the date of receipt of the notice as to whether he agrees with the amended terms and conditions. If the Seller does not receive any declaration within the period, the consent to the amended terms and conditions shall be deemed granted. 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 its silence during the term.

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 makes a claim for damages against them. Excluded are claims for damages by the customer due to injury to life, body, 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 following 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 contents cannot replace professional advice or doctor’s visit. To be on the safe side, a doctor or physiotherapist should always be consulted before exercises are used against specific complaints.

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 does not have a place of residence within the European Union. We are entitled to sue at the customer’s general place of jurisdiction.

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 the provisions of consumer law are mandatory.

Status of these GTC: 07.04.2022