1.1 Scope of application
These General Terms and Conditions apply in the version valid at the time the contract is concluded to all business relations between us, SuperHeroDjs Ltd., 69 Great Hampton Street, B18 6Ew Birmingham, United Kingdom, and you. Should you use conflicting general terms and conditions, these are hereby expressly contradicted.
1.2 Contract Agreement
The contract language is English.
1.3 Conclusion of contract
When the ordering is via this website, the booking process consists of a total of four steps. In the first step, you select the desired service with the desired duration. In the second step, you enter your data including the billing address. In the third step, you select the payment method. In the fourth step, you have the possibility to check all data (e.g. name, address, method of payment, desired service) again and to correct input errors, if necessary before you confirm your order by clicking on the button “order with payment”. With the order you declare your contract offer bindingly. We will confirm the receipt of the order immediately. The confirmation of receipt does not represent a binding acceptance of the order. We are entitled to accept the contract offer contained in the order within five calendar days after receipt of the order by e-mail, telephone or post. The contract is concluded with the acceptance.
1.4 Storage of the contract text
The contract text is stored by us and sent to you in text form (e.g. e-mail or postal) after sending your order along with the present general terms and conditions and customer information. However, you can no longer retrieve the text of the contract via the website after sending your order. You can use the browser’s print function to print out the relevant website with the contract text.
2. Description of services
We offer DJ training videos which are activated via a membership. You have the choice between a duration of 3 months or one year.
2.2 Provision of services
We are entitled to have the contract or parts of the contract performed by third parties.
2.3 Time of performance
Unless expressly agreed otherwise, the service will be made available by us immediately after the conclusion of membership and activation of your access. In the case of prepayment, the commencement of the period for performance is the day after the payment order has been issued to the transferring bank or, on the account, the day after conclusion of the contract. The period shall end on the fifth day following. If the last day of the period falls on a Saturday, Sunday or a public holiday at the place of performance, the period ends on the next working day.
All prices are exclusive of value added tax.
3.2 Default of payment
You will be in default of payment if we do not receive payment within two weeks of receipt of the invoice. In the event of default in payment, interest shall be charged at a rate of 5 percentage points above the base rate of the European Central Bank or 9 percentage points above the base rate of the European Central Bank for legal transactions in which a consumer is not involved. Should you be in arrears with your payments, we reserve the right to charge reminder fees in the amount of 2.50 euros. The assertion of further damages remains unaffected. You have the option of proving that we have incurred no damage or less damage.
3.3 Right of retention
You are only entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.
3.4 SEPA payments and pre-notification
Invoices can be settled via the SEPA Direct Debit Scheme. To do this, you give us a corresponding mandate (SEPA basic mandate or, if possible, a SEPA company mandate). If invoices for goods and services are paid via the SEPA Basic Direct Debit Scheme / Company Direct Debit Scheme, you will receive preliminary information on direct debit. The pre-notification period for B2B SEPA direct debits is reduced to 1 day. With CORE, the standard direct debit, the period is reduced to 5 days for a first direct debit (FRST)/one-off direct debit (OOFF) and to 2 days for a follow-up direct debit (RCUR). You agree to ensure that the account is covered. Costs incurred due to non-redemption or reversal of the direct debit shall be borne by you as long as the non-redemption or reversal was not caused by us.
4. Revocation instruction for consumers with distance selling contracts
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must notify us (SuperHeroDjs Ltd, 69 Great Hampton Street, B18 6Ew Birmingham, Telephone: please include a telephone number in all your legal texts, e-mail: firstname.lastname@example.org) of your decision to withdraw from this Agreement by means of a clear statement (e.g. a letter or e-mail sent by post). You can use the attached sample revocation form for this purpose, which is, however, not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we will refund to you all payments we have received from you, including delivery charges (other than the additional charges arising from your choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notice of your revocation of this Agreement. For such refund, we will use the same means of payment as you used for the original transaction unless expressly agreed otherwise with you and in no event will you be charged for such refund.
If you have requested that the Services be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the Services already provided by the time you notify us of the exercise of the right of withdrawal in respect of this Agreement in relation to the total Services provided for in the Agreement.
– End of the right of revocation –
5. License conditions training
The contents, as well as the structure of the training courses made available by us and the videos and downloads relating to it, are our intellectual property.
5.2 Granting of licenses
Upon payment of the participation fee, we transfer to you all rights of use to the training material required for you to the extent agreed in the contract and required for the respective training. In case of doubt we fulfil this obligation by granting non-exclusive rights of use in the territory of the Federal Republic of Germany for the duration of the service. The granting of a license expires at the end of the contract.
5.3 License Conditions
Any other use requires our consent. In particular, the materials may not be passed on to third parties (sublicensing or distribution), not may they be copied, duplicated or stored on data carriers or other media. It is also prohibited to use the contents, texts and exercises for one’s own purposes in seminars, courses or otherwise vis-à-vis third parties without express written permission.
5.4 Reference right
We grant ourselves the right to refer to the services offered by us. You have the right to object to this.
We reserve the right to claim damages for any violation of the contractual license conditions, in particular for violation of copyright.
6. Your responsibility
As a user of our services, you are responsible for ensuring that all musical works that you use via our downloads are additionally owned in their original form. You release us from liability for any copyright infringements committed by you. In the event of damage, we will assert recourse claims against you.
7. Term, blocking and termination
7.1 Termination of a customer account
The user relationship is concluded for the duration of the term. It begins with the activation of the account and can be terminated with a notice period of one month to the respective end of term in text form, without giving reasons. If the contract is not terminated in due time, it will be automatically extended by the respective initial term. This does not affect the right to extraordinary termination for good cause.
7.2 Extraordinary Termination
The right to extraordinary termination for good cause shall remain unaffected. An important reason exists in particular if
– you have provided incorrect or incomplete information when concluding the contract,
– you repeatedly violate other contractual obligations and do not refrain from violating such obligations even upon our request.
8. Usability of the services
8.1 Further development of the service/availability
We endeavor to adapt our services to current technical developments.
We endeavor to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, insofar as such changes do not affect the core services and are reasonable for the contractual partner, taking the interests of the contractual partner into account. We are also entitled to interrupt the operation of the website partially or completely within a reasonable framework for the purposes of updating and maintenance. To this extent, we do not guarantee the availability of the services offered at all times and do not guarantee that the services offered or parts thereof will be made available and can be used from any location. Your warranty rights shall not be affected thereby.
8.2 Technical requirements
Use of the Site requires compatible devices. It is your responsibility to put or maintain the Device in a condition that enables you to use the Site Services.
9.1 Disclaimer of Liability
We as well as our legal representatives and vicarious agents shall only be liable for intent or gross negligence. Insofar as material contractual obligations (i.e. obligations whose observance is of particular importance for the achievement of the purpose of the contract) are concerned, liability shall also be assumed for slight negligence. The liability is limited to the foreseeable, contract-typical damage. In the event of a grossly negligent breach of non-essential contractual obligations, we shall be liable to entrepreneurs only to the extent of the foreseeable damage typical of the contract.
9.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, limb or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.
10. Final provisions
10.1 Place of jurisdiction
Our place of business shall be agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract if you are a merchant, a legal entity under public law or a special fund under public law or if you do not have a place of jurisdiction in the Federal Republic of Germany.
10.2 Choice of law
Unless mandatory statutory provisions under your home law conflict, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
10.3 Consumer dispute settlement proceedings
The EU Commission has created an Internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (OS platform). You can reach the OS platform under the following link: http://ec.europa.eu/consumers/odr/. We are not prepared and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
10.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.