The following General Terms and Conditions (GTC) regulate the use and the claim for the offer under the domain www.tennistraining-online.com (here referred to as “Portal”). Contractual partner and service provider (here in after referred to as “Seller”) is:
Martin Kares Stadtweg 24 34497 Korbach Germany[email protected] VAT ID No. DE257153665
The seller provides his services on the basis of the General Terms and Conditions in the version valid at the time of the conclusion of the contract. All offers of the portal can be changed without prior notice. Consumers in the sense of §13 BGB are accepted as customers in the store – i.e. any natural person who enters into a legal transaction for the purpose which is attributed neither to their commercial nor their independent professional activity.
§1 General / Description of the service The customer can purchase memberships for selected videos as well as individual digital contents via the portal www.tennistraining-online.com. The memberships can be concluded via an ordering system. After booking a membership, the customer has the possibility to use the services specified in the membership description for the period of time that can also be seen in the description. After expiration of the specified period, the membership and the right to access the content/videos expires. Individual purchased digital content via the separated shop are available to the customer for download. The following general terms and conditions apply to the entire business relationship with the customer. The customer recognizes them as binding for the present contract. Any correspondence with us must be handled via the address given in the imprint of the homepage.
§ 2 Conclusion of the contract By clicking the button “Complete payment” in the last step of the ordering process of PayPal, the customer makes a binding offer on the selected membership or a selected digital content. The seller confirms the receipt of the order to the customer exclusively by e-mail to the address specified in the order process or stored in the customer account. The payment process can be carried out through the external online payment service provider (PayPal). For the services of external payment service providers, the terms and conditions of the respective provider apply, which can be accessed on the homepage of the respective provider. A prerequisite for successful purchase processing is the correct entry of the data requested by the customer. The customer completes the payment by clicking on the “Complete Payment” button (or the equivalent) on the website of the payment service provider after successful registration or entry of his personal data. After successful payment, the customer is redirected back to the portal and has direct access to the services and purchased content specified in the membership description. After successful payment, the customer will immediately receive an email confirmation to the email address provided and the membership will be made available in the customer account. By activating the membership or or making the digital content available for download, the seller accepts the customer’s offer and the purchase contract is concluded. The purchase contract is considered fulfilled with the provision of access to the content.
§ 3 Prices, due date and payment Our prices are in Euro (€/EUR), the prices mentioned in the portal are final prices, the legal value added tax is included in the price. The purchase price is due immediately. No additional costs are incurred by using the PayPal payment options. Purchase on account is not possible.
§ 4 Premium Videos and Content The videos offered in a paid membership are available as a streaming offer. A download of the videos is permitted exclusively under the conditions formulated under No. 6. Individual purchased videos are available as streaming offer and as download. A download of the videos is exclusively permitted under the general conditions formulated under No. 6.
§ 5 Free Trials If available on the platform, the seller offers the possibility to test the platform with all its features for 3 days free of charge with a free trial membership. This trial membership can be concluded only once per user. It is prohibited to conclude the trial membership more than once by creating additional accounts. The seller reserves the right to block the user and the account from the platform in case of abuse of this offer.
§ 6 Revocation
The buyer is legally entitled to a right of withdrawal in accordance with § 312g BGB if he is a consumer, since the purchase of goods on the Internet as in this case is a distance contract. Regarding the right of withdrawal and its consequences, a separate cancellation policy in text form is available at the conclusion of the order (see c). If you are a consumer residing in the European Economic Area (EEA), you are entitled to withdraw from this contract as described in the EU model withdrawal form below according to the consumer rights applicable in the EEA as of 28 May 2022.
a.) Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day the contract was concluded or, in the case of physical goods, from the day you or a third party named by you received the goods. To exercise your right of withdrawal, you must inform us via a clear statement (e.g. by letter or email) about your decision to withdraw from this contract. You can do so by email to info@tennistraining-online.com by phone at +49 5631 505884, or by post to Martin Kares, Stadtweg 24, 34497 Korbach, Germany. You may use the attached model withdrawal form, but this is not mandatory.
b.) Exclusion of the right of withdrawal for digital content and memberships
The right of withdrawal expires prematurely in the case of a contract for the delivery of digital content (such as e-books or digital memberships) not supplied on a tangible medium, if:
the seller has begun the performance of the contract, after the consumer has expressly consented to the seller starting the performance of the contract before the withdrawal period has expired, and the consumer has confirmed their knowledge that they thereby lose their right of withdrawal upon the start of performance. This applies in particular to e-books and digital memberships (e.g., the Book Membership), if access has already been granted or the download has begun.
c.) Consequences of withdrawal (for physical products)
If you withdraw from this contract regarding a physical product, we will reimburse all payments received from you, excluding delivery charges, without undue delay and at the latest within 14 days from the day we received your withdrawal notice. The refund will be made using the same payment method you used in the original transaction, unless explicitly agreed otherwise. You shall bear the direct costs of returning the goods. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent them back, whichever is earlier.
d.) Model withdrawal form
(If you wish to withdraw from the contract, please complete and return this form.)
To Martin Kares, Stadtweg 24, 34497 Korbach, Germany, info@tennistraining-online.com I/we hereby withdraw from the contract concluded by me/us for the purchase of the following goods / the provision of the following service: Ordered on / received on: __________________ Name of consumer(s): __________________ Address of consumer(s): __________________ Signature of consumer(s) (only if this form is on paper): __________________ Date: __________________
§ 7 Rights of use Through the purchase, the customer acquires the simple, non-transferable, spatially and temporally unrestricted right to store, copy and listen to or view the videos marked “Premium” as often as desired, exclusively for personal and private use, not for commercial purposes. Premium Videos may be copied to various local storage devices, burned onto data carriers and played and used exclusively for private purposes. Any further use beyond the rights granted is not permitted. Commercial use and distribution of the products is not permitted. Saving and posting videos marked as “Premium” on data networks is prohibited. The products are copyrighted material. When using the purchased products, the customer must comply with the statutory provisions and the provisions of the German Copyright Act (UrhG) in its current version. All rights of the authors to the protected works contained on the website are reserved. The login data to the member account, which entitles access to premium content, may only be used by the customer himself and may not be passed on to third parties. The Seller reserves the right to add digital watermarks to Premium Videos. Digital watermarks consist of imperceptible information that can be inserted into audio data, for example. If the customer acquires a right of use via the membership, this is available for the duration of the membership. If the customer acquires individual videos or other digital content without taking out a membership, the right of use shall be available for an unlimited period of time.
Separately purchased digital content via the store may not be redistributed digitally without the express consent of the copyright holder.
§ 8 Retention of title Premium Videos remain our property.
§ 9 Liability Insofar as the customer uses services of the portal by using access data, the customer is responsible for keeping these secure and protected from access by third parties and is liable for any action taken with his access data. If the customer suspects that unauthorized third parties have gained knowledge of it, the personal password must be changed immediately and the seller must be informed. The customer undertakes not to use a collective e-mail address used by several users.
§ 10 Blocking The seller reserves the right to block the customer account in case of misuse, violation of contractual duties and obligations and not to allow a new registration.
§ 11 Foreign business All agreements with us are subject to German law. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
§ 12 Effectiveness The invalidity of one or more clauses of these General Terms and Conditions shall not affect the validity of the remainder of the contract. The invalid provision shall be replaced by the statutory provisions.
§ 13 Place of performance, place of jurisdiction For all rights and obligations arising from the business relationship, the place of performance shall be determined in accordance with the statutory provisions. If the customer is a merchant within the meaning of the German Commercial Code (HGB), the exclusive jurisdiction of the court at our registered office is agreed for all disputes arising from the contract. Our right to assert our claims in court at another place of jurisdiction shall remain unaffected vis-à-vis merchants. We may also assert our claims against a purchaser who is not a merchant before the court at our registered office if he has no general place of jurisdiction in the Federal Republic of Germany or if he moves his place of residence or habitual abode out of this area after conclusion of the contract or if his place of residence or habitual abode is unknown at the time the claim is asserted in court. Does this have to be included?
§ 14 Data protection Information about the nature and extent, location and purpose of the collection, processing and use of personal data required for the execution of orders by us can be found in the Privacy Policy .
§ 15 Information on online dispute resolution (pursuant to Article 14 (1) ODR Regulation). The platform for online dispute resolution of the European Commission can be reached at https://www.tennistraining-online.com/ec.europa.eu/consumers/odr . We are neither willing nor obliged to participate in arbitration proceedings before a consumer arbitration board.
§ 16 Gift Cards
The user has the possibility to buy a Gift Card on our online shop. The digital gift card will be sent to the email address provided during the purchase process. Please ensure the accuracy of the email address before completing your order, as we cannot be held liable for delivery issues resulting from incorrect information.
Validity: The gift card is valid for two years from the date of issuance. The issue date is indicated in the email containing the gift card. After this period, any remaining balance will expire and cannot be redeemed.
No Cash Refunds or Exchange: The digital gift card cannot be exchanged for cash, refunded, or returned. Any remaining balance can be used for additional purchases within the validity period.
Redeemable Categories: The gift card can be redeemed for all products on our platform except for the “Tennis Books” category , which is excluded from gift card use.
Single Use and Remaining Balances: The balance on the gift card will be applied in full or partially upon redemption. Any unused balance will remain valid until the expiration date and can be used for future transactions.
Loss or Misuse: Once the digital gift card has been sent, responsibility for its safekeeping lies with the recipient. We are not liable for loss, misuse, or unauthorized access, such as sharing the gift card details with third parties.
Technical Issues: While we strive to ensure prompt and smooth delivery of the gift card, we are not liable for delays or technical issues beyond our control (e.g., email provider or server outages). Please contact us if the gift card is not delivered as expected.
By using the gift card, you agree to these terms and conditions.
§17 Book Membership
1. scope of services The book membership gives the user access to around 250 selected online exercises on the www.tennistraining-online.com platform. These exercises are a supplementary component of a separately purchased book and serve the practical implementation of the content contained therein. Use is permitted exclusively for private, non-commercial purposes. Passing on or public use of the access data or content is prohibited.
2 Term and renewal Book membership is activated once when the access code is entered for the first time and is valid for a period of 24 months from this time. The access code is valid once and is not transferable At the end of this period, the book membership ends automatically. However, users have the option of extending their access to the same exercises by taking out a paid extension to their book membership. This extended book membership is cheaper than the regular Premium Membership, but only includes access to the approx. 250 exercises originally included.
3. access authorization The prerequisite for use is the creation of a user account on the platform and activation by means of a one-time valid access code from the book. Membership is personal and non-transferable. Each access code can only be used once.
4 Technical requirements An internet-enabled device and an up-to-date web browser are required for use. The provider accepts no liability for any restrictions caused by the user’s technical requirements.
5 Availability and changes The content is provided with the greatest possible care. The provider reserves the right to update, revise or expand the content of individual items of content insofar as this serves the purpose of quality assurance. Unlimited availability of the platform or content cannot be guaranteed.
6. exclusion of liability In the event of unforeseeable events (e.g. illness, death, technical failures or discontinuation of the service), access to the platform may be restricted or terminated. In such cases, there is no entitlement to a refund or compensation.
§18 Customer Reviews and Review Vouchers
(1) The provider is entitled to invite customers by e-mail to submit a product review after completion of an order. Such review requests will only be sent if the customer has given explicit consent or if this is permissible as direct marketing pursuant to §7 (3) of the German Unfair Competition Act (UWG). Each review e-mail contains an unsubscribe option enabling the customer to object to the receipt of further review requests at any time.
(2) By submitting a review, the customer grants the provider a simple, perpetual, worldwide, royalty-free right of use to publish, reproduce, distribute and make the review publicly available, insofar as this serves the contractual purpose. The provider is entitled to display reviews on the website as well as in other marketing and promotional materials.
(3) Reviews must be truthful, factually accurate, and must not contain unlawful, discriminatory, offensive, or promotional content. The provider reserves the right not to publish or to subsequently delete reviews that violate these provisions.
(4) For submitting a review, the customer may be granted a voucher. The voucher has a value of €5 and can only be redeemed once per customer. The voucher is non-transferable, cannot be combined with other discount promotions, and cannot be paid out in cash. The voucher applies to all products of the shop except for the book by Alexander Roger Wolf. The voucher is valid for 12 months from the date of issue. The provider reserves the right to block vouchers or refuse redemption in the event of misuse or manipulation.
§19 Additional – Special Terms for the E-Book “Success Compass for Tennis Coaches”
These terms apply exclusively to the digital versions (e-books) of the publication “Success Compass for Tennis Coaches”, available via www.tennistraining-online.com
(1) The e-books are available online only and cannot be downloaded. Access requires a stable internet connection and a compatible device. Usage is limited to the customer and is not transferable to third parties.
(2) Upon purchase of the complete e-book (theory and practice) or the practice-only e-book, the customer is granted access to the video-based book membership for a period of two (2) years. After this period, the membership can be extended for a fee. The theory-only e-book does not include a book membership or access to video content.
(3) In the event that the platform www.tennistraining-online.com is permanently discontinued, the provider agrees to offer the purchased e-book as a downloadable file (e.g. PDF) upon request.
(4) By completing the purchase, the customer agrees to the immediate execution of the contract and waives the right of withdrawal for digital products, in accordance with §356 (5) BGB, once access to the e-book is activated.