General Terms and Conditions
Last update: 01.02.2018
1 Scope of application, definitions
(1) The business relationship between TRANSFER COACH S.L, Calle Buenos Aires 3, 35002 Las Palmas de G.C., firstname.lastname@example.org (hereinafter «TRANSFER COACH») and the user (hereinafter «user») shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of ordering the service package. These General Terms and Conditions apply in particular to the establishment and use of a coaching programme on the online platforms and by the coaches of TRANSFER COACH as well as the purchase of products and event participations from TRANSFER COACH. Deviating general terms and conditions of the user will not be accepted unless TRANSFER COACH expressly agrees to their validity in writing.
(2) TRANSFER COACH is entitled to update these General Terms and Conditions from time to time. TRANSFER COACH will inform the user via e-mail accordingly. By continuing to use the online platforms and/or the coaching, the user declares his agreement to the validity of the updated general terms and conditions.
(3) The user is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of its commercial or independent professional activity.
2 Purchase of Coaching Programs Subject to a Charge
(1) The user has the possibility to choose between different chargeable coaching programs which contain different services. A description of the various programmes and their services (hereinafter «Service Description») can be found on the TRANSFER COACH website.
(2) The provision of the coaching programmes on the TRANSFER COACH website constitutes a binding offer to conclude a contract. The user makes a binding declaration of acceptance by placing the selected programme in the shopping basket and then clicking on the » liable to pay order» button. The contract is concluded immediately by clicking on this button. Before submitting the order, the user can change and view the data at any time and correct any errors.
(3) The contract is concluded in German language.
3 Prices and terms of payment
(1) All prices quoted on the TRANSFER COACH website are net prices. Since the seat of TRANSFER COACH is located in the Canary Islands and the service is provided in the Canary Islands, there is no VAT to be charged to customers within the EU.
(2) The User may make the payment using the means of payment offered on the Website. Further information on the terms of payment can be found on the TRANSFER COACH website.
(3) The payment is due and payable in advance for the period selected in the course of the order process and is debited at the beginning of the current annual or monthly period, or is to be transferred in such a way that it arrives at the TRANSFER COACH account at the beginning of the current annual or monthly period.
(4) The user’s obligation to pay reminder charges and default interest does not exclude the assertion of further default damages by TRANSFER COACH.
(1 The services of TRANSFER COACH extend exclusively to the coaching services and the availability of the online platforms associated with the selected coaching program, but not to a specific coaching result. Such a coaching result cannot be guaranteed in any case.
(2) The online platforms can be used by the user via a standard internet browser. The provision of the browser and a sufficiently fast Internet connection is the responsibility of the user and not the subject of TRANSFER COACH’s services. TRANSFER COACH is not responsible for the availability of the server via the Internet.
(3) TRANSFER COACH does not guarantee that the online platforms are available 24 hours a day, 7 days a week. In particular, temporary unavailability of the software may occur due to maintenance work and software updates.
(4) The performance of TRANSFER COACH is only defective if it deviates negatively in essential points from the performance description of the respective coaching program. TRANSFER COACH is entitled to further develop the coaching programs and the services contained therein, as long as the scope of services for the user is not significantly reduced.
(1) Claims of the user for damages are excluded. Excluded from this are claims for damages by the user arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by TRANSFER COACH, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, TRANSFER COACH shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the user’s claims for damages are based on injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of TRANSFER COACH’s legal representatives and vicarious agents if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if TRANSFER COACH fraudulently concealed the defect or assumed a guarantee for the quality of the service.
6 Right of revocation
(1) When concluding a distance selling transaction, consumers have in principle a statutory right of revocation, about which TRANSFER COACH will provide the following information in accordance with the statutory model. The exceptions to the right of revocation are regulated in paragraph (2). Paragraph (3) contains a model revocation form.
*** Cancellation policy ***
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period shall be fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform TRANSFER COACH S.L, Calle Buenos Aires 3, 35002 Las Palmas de G.C., SPAIN, email@example.com, of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or an e-mail). You can use the attached sample revocation form, though is not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay to you all payments received from you immediately and no later than fourteen days from the date on which we received notification of your revocation of this contract. We will use the same means of payment as you used in the original transaction for such refund, unless otherwise expressly agreed with you; in no case you will be charged for such a refund.
(2) The right of withdrawal expires before expiry of the fourteen-day period if you have made use of one of the coaching services or logged on to one of the online platforms belonging to your coaching programme.
(3) By means of the sample revocation form the user informs TRANSFER COACH according to the legal regulation as follows:
Sample withdrawal form
(If you want to cancel the contract, please fill in this form and send it back.)
To TRANSFER COACH S.L, Calle Buenos Aires 3, 35002 Las Palmas de G.C., SPAIN, firstname.lastname@example.org:
I/we (*) hereby cancel the contract concluded by me/us (*).
on the delivery of the following coaching programme:
Ordered on (*): _______________________________________________
Name of the consumer(s): ___________________________________
Address of the consumer(s): ______________________________
Signature of consumer(s) (only for paper communication)
(*) Delete as appropriate
*** End of the cancellation policy ***
7 Term and termination
(1) The coaching programs have an indefinite term and can be terminated by both parties with 14 days’ notice to the end of the respective contract period (year or month) by sending an e-mail to email@example.com. If the contract is not terminated in due time, it will be automatically extended by a further year or, in the case of a monthly subscription, by a further month.
(2) In case that the user orders a higher-priced coaching program during a current contract period, the existing lower-priced coaching program will be automatically terminated. Any payments already made for periods in which the lower-priced coaching program can no longer be used will be refunded to the user. The higher-priced coaching program is ordered for a separate monthly or annual contract period and not for the remaining term of the lower-priced coaching program.
(3) Termination for good cause remains unaffected. An important reason for the termination by TRANSFER COACH is in particular if
i) the user is in arrears with the payment of the fee for more than two billing periods;
ii) TRANSFER COACH ceases to operate the coaching programs as a whole. In this case, advance payments for periods of use during which the coaching programme can no longer be used due to termination will be refunded.
(4) In the event of termination, the user’s right to use the online platforms belonging to his coaching program expires.
8 Final provisions
(1) Contracts between TRANSFER COACH and the user shall be governed by the laws of the Kingdom of Spain to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The legal regulations for the restriction of the choice of law and for the applicability of compelling regulations in particular of the state in which the user has his habitual residence as a consumer remain unaffected.
(2) Online settlement of disputes according to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS). You can find it at http://ec.europa.eu/consumers/odr/
(3) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and TRANSFER COACH shall be the registered office of TRANSFER COACH.
(4) The remaining parts of the contract shall be deemed to be binding even in the event of the legal invalidity of individual points. The ineffective points shall be replaced, if any, by the statutory provisions. If this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.