Terms and Conditions
§ 1 Scope and Objective
Our terms and conditions shall apply to contracts between us, Samuel Leicht - K-Powered, Seinsheimstr. 3, 96052 Bamberg, Germany („Supplier”) and the individual customer (“Customer”, together with the Supplier, the “Parties” or individually the “Party”) for the purchase of coaching products offered through the Supplier’s website. The coaching products are services and downloadable content provided by the supplier that does not include any performance assessment. For details on the individual services, the Customer is referred to the description of the good on the respective webpage.
These terms and conditions apply to consumers as well as a business unless an individual clause includes a differentiation between the two.
The legal and contractual relationship between the Supplier and the Customer is governed exclusively by these terms and conditions. The Supplier objects to any contradicting terms and conditions provided by the Customer. Terms and conditions provided by the Customer shall not be applicable even when not having been objected to individually and specifically.
§ 2 Conclusion of Contract
Any services offered on the Supplier’s website shall constitute binding offers to Customers for the formation of a contract regarding the provision of coaching products. A contract regarding the use of the coaching products will be established once the Customer accepts the Supplier’s offer by selecting a coaching product through click on the link “Get Instant Access” and subsequently completing the payment process of the Supplier’s payment service provider (Digital River GmbH). The terms and conditions of the payment service provider apply. They can be accessed here: https://order.shareit.com/info/terms_conditions.
The terms and details of each contract will not be saved and stored by the Supplier.
§ 3 Prices and Conditions of Payment
Any payments for coaching products must be completed using the check-out process of our payment service provider. The terms and conditions of the payment service provider apply. They can be accessed here: https://order.shareit.com/info/terms_conditions.
All prices are final prices and include value-added taxes (VAT) or other applicable taxes.
The Customer may select any of the payment methods made available on the website of the payment service provider. The selection may vary depending on the country from which the Customer accesses the payment service provider's website. These may be subject to change by the payment service provider.
An invoice will be generated by the Supplier upon receiving full payment.
§ 4 Contract Duration – Money-back Guarantee
Customers may rescind the contract within 30 days of having purchased a coaching product. Any payments received by the Supplier will be reimbursed using the payment method originally selected by the Customer during the booking process. Reimbursement can take up to 10 days upon receiving notification of the rescission of the contract.
§ 5 Customer’s Obligations
Costumers are responsible for the accuracy and completeness of data entered by the Customer into the input masks on the Supplier’s input masks or the input masks of the payment service provider. The Supplier may refuse the processing of any inquiry if the data entered by the Customer is inaccurate, incomplete or insufficient. The Supplier reserves the right to recover from the Customer any damages caused by the Customer’s deliberate entering or transmitting of inaccurate data.
The Customer may use the Supplier’s services for any non-commercial purposes. The use for other purposes requires prior written consent by the Supplier.
§ 6 Intellectual Property and Copyrights
The intellectual property rights, copyrights, and rights of use regarding content, presentation, logos, graphics, and pictures on the Supplier’s website and downloadable coaching products remain with the Supplier or individual owner. The reproduction, transfer, publication or other use of parts of the content or the content in its entirety for commercial purposes requires prior written consent by the Supplier.
§ 7 Exclusion of Liability
The Supplier does not offer any formal warranties in the legal sense. The coaching products are guidelines and outline best practices but do not guarantee full functionality of car parts installed using the individual steps outlined in the coaching products. Customers are responsible for any installation or alteration of car parts. The Supplier is not liable for damages caused by the installation or alteration of car parts by the Customer.
Claims for damages by the Buyer shall be excluded subject to the exceptions set forth in the following. The exclusion of liability does not apply in cases of statutory obligatory liability, especially in cases involving the Supplier’s intentional or grossly negligent breach of duty or intentional or grossly negligent breach of duty of a vicarious agent or representative of the Supplier. In such cases, the liability is limited to typical and foreseeable damages. The exclusion of liability also does not apply in the event of injury to life, limb, and health of the Buyer or in the event of a material breach of contractual obligations, which reasonably must be performed to achieve the objective of the contract.
The exclusion of liability applies also to claims for damages brought forward by the Buyer against vicarious agents or representatives of the Supplier.
The Supplier’s website includes links and references to websites of third parties. These websites are not administered or run by the Supplier. The Supplier has no influence on what content is displayed on those third party websites. The Supplier is not liable for any of the content on those third-party websites nor does the Supplier adopt the content or views displayed on the third party website. The Supplier does not assess the content of third parties’ websites. The Supplier is not aware of any breach of law due to the content of the linked third party websites.
§ 8 Form of Declarations
All legally relevant declarations regarding the contractual relationship of the Customer and the Supplier shall be made in text form.
§ 9 Jurisdiction and Applicable Law
The Law of the Federal Republic of Germany shall exclusively apply to all legal relations between the Customer and the Supplier unless consumer protection rules in the Customer’s home country or country of permanent residence offer superior consumer protection (Art. 6 VO [EG] 593/2008). The applicability of the United Nations Sales Convention shall be excluded. These stipulations shall also apply if the Customer is a foreigner or its registered office is located abroad.
The statutory provisions in German law regarding jurisdiction shall apply unless otherwise specified in the following.
Provided the Customer is an enterprise, a legal entity or a special public fund, or has no general place of jurisdiction within the Federal Republic of Germany, or changes its general place of jurisdiction or place of residence to a place outside of the Federal Republic of Germany, or its place of residence is not known by the time the complaint is filed, the Supplier’s place of registered office shall be the sole place of jurisdiction for all disputes arising from the contractual relationship. This shall also apply if the place of residence of the Customer is unknown at the time of an action being filed.
§ 10 Implementation of the Directive on Alternative and Online Dispute Resolution
The European Commission provides a platform for alternative and online dispute resolution, which can be found here: http://ec.europa.eu/consumers/odr/.
The email address of the Supplier can be found in the imprint.
Last updated: August 18, 2019