GENERAL TERMS AND CONDITIONS
Last updated: September 2019
1. https://andyandkellykainz.com is a website of AndyandKellyKainz ‘DIGITAL’ OG, FN 516986z, Bernaich 12, 9313 St. Georgen am Längsee, Austria.
2. Visiting and using the website https://andyandkellykainz.com is subject to the following general terms and conditions of use. By calling up the website https://andyandkellykainz.com or exploring the services and digital content offered, the user declares that they have read, understood and accepted the following general terms and conditions of use.
3. The following general terms and conditions of use also apply to the business relationships between AndyandKellyKainz ‘DIGITAL’ OG and the customer for all services and digital content offered via the website https://andyandkellykainz.com.
4. The present general terms and conditions of use (hereinafter referred to as “GTC”) apply exclusively unless they are changed or supplemented by an express written agreement. Deviating, conflicting or additional terms and conditions of the customer are excluded – even if they are known by AndyandKellyKainz ‘DIGITAL’ OG – unless AndyandKellyKainz DIGITAL ’OG has expressly agreed to their validity.
5. If individual provisions of these terms and conditions contradict mandatory statutory provisions in whole or in part, the remaining provisions of these terms and conditions remain unaffected and still fully valid.
6. AndyandKellyKainz ‘DIGITAL’ OG is entitled to change the general terms and conditions at any time.
II. Use, newsletter
1. The website https://andyandkellykainz.com offers information on learning to dance online. The website offers services such as online video training and digital content such as e-books, sometimes for a fee.
2. The prerequisite for the use of https://andyandkellykainz.com is the completion of the eighteenth year of life.
3. A prerequisite for using the services offered on https://andyandkellykainz.com and / or purchasing digital content is furthermore internet access and a device that meets the system and compatibility requirements for the content selected by the customer. The fulfillment of the technical requirements lies in the exclusive area of responsibility of the customer and AndyandKellyKainz ‘DIGITAL’ OG assumes no liability whatsoever in this context.
4. For the use of the free services offered at https://andyandkellykainz.com, the name and an email address must be provided by the customer using the contact form on the website https://andyandkellykainz.com in order for the delivery to enable the customer.
5. By providing the name and email address, the customer gives his consent to receive information from AndyandKellyKainz ‘DIGITAL’ OG about other products offered by AndyandKellyKainz ‘DIGITAL’ OG. This consent can be revoked by the customer at any time without giving reasons.
6. For the purpose of confirmation, a confirmation email is then sent to the email address provided by the customer. The free services can only be accessed once the activation link sent to the customer has been confirmed (double opt-in).
III. Conclusion of contract
1. Contracts for the services and digital content offered on https://andyandkellykainz.com are concluded with AndyandKellyKainz ‘DIGITAL’ OG.
2. The presentation of the services and digital content offered on the website https://andyandkellykainz.com does not constitute a legally binding offer.
3. A binding order for chargeable services or digital content is made by clicking on the order button (“order chargeable”). The contract is concluded when the order confirmation is received at the email address provided by the customer.
IV. Prices / Payment
1. The provision of the services offered on the website https://andyandkellykainz.com as well as the provision of the digital content offered on the website https://andyandkellykainz.com take place in each case on the day of the conclusion of the contract, on the website https: / /andyandkellykainz.com prices indicated. The prices are in euros and include the statutory sales tax.
2. Payment by the customer takes place via Digistore24 GmbH. In the course of the ordering process, the customer is forwarded to the website of the online payment service Digistore24 GmbH. In this context, the customer has to accept the general terms and conditions of Digistore24 GmbH. The purchase is processed through Digistore24 GmbH.
V. Right of withdrawal (right of withdrawal) of the consumer
1. Customers who are consumers within the meaning of the Austrian Consumer Protection Act (hereinafter referred to as “KSchG”) have a right of withdrawal according to the statutory provisions, about which AndyandKellyKainz DIGITAL ’OG informs as follows:
Right of withdrawal
1) right of withdrawal:
The customer has the right to withdraw from this contract within 14 days without giving any reason.
The cancellation period is 14 days from the day the contract is concluded.
In order to exercise the right of cancellation, the customer must AndyandKellyKainz ‘DIGITAL’ OG (AndyandKellyKainz ‘DIGITAL’ OG, Frodlgasse 2/2, 9020 Klagenfurt am Wörthersee, Austria, email: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post or e-mail) of his decision to withdraw from this contract. He can use the cancellation form for this, but this is not mandatory – see here.
To meet the cancellation deadline, it is sufficient that the notification of the exercise of the right of cancellation is sent before the cancellation period has expired.
2) Consequences of the withdrawal:
If the customer cancels this contract, AndyandKellyKainz ‘DIGITAL’ OG has to repay all payments that AndyandKellyKainz ‘DIGITAL’ OG has received from the customer immediately and at the latest within 14 days from the day on which AndyandKellyKainz ‘was notified of the cancellation of this contract. DIGITAL ‘OG has been received. The same means of payment will be used for this repayment that was used for the original transaction, unless something else was expressly agreed with the customer; In no case will the customer be charged fees for this repayment.
3) Expiry of the right of withdrawal: The right of withdrawal expires when AndyandKellyKainz ‘DIGITAL’ OG has started executing the contract after
a) the customer has expressly agreed that AndyandKellyKainz ‘DIGITAL’ OG will begin executing the contract before the withdrawal period has expired, and
b) the customer has confirmed his knowledge that he will lose his right of withdrawal by giving his consent at the beginning of the execution of the contract.
VI. License to use digital content
1. Digital content is protected by copyright.
2. Purchasing digital content via https://andyandkellykainz.com does not give customers ownership of the digital content.
3. Upon payment of the fixed price, the customer acquires a simple, non-transferable right to use the digital content offered for exclusively personal use in the manner offered.
4. The customer is allowed to view digital content. It is not permitted to change the content or editorial content of digital content in any way or to use changed versions, to copy it for third parties, to make it publicly available, to pass it on to third parties, to imitate it, to print it out, to sell it on or to use it for commercial purposes.
5. Use of the digital content acquired via https://andyandkellykainz.com in violation of the contract immediately leads to the loss of the respective right of use. In the event of repeated and / or significant breaches of the terms and conditions of use, access to https://andyandkellykainz.com, the downloaded content and / or the customer’s user account can be temporarily or permanently blocked without any entitlement to a refund of payments already made Fees exist.
VII. Liability of the provider
1. AndyandKellyKainz ‘DIGITAL’ OG shall not be liable for damage to the customer for any legal reason, including delay, impossibility, poor performance, non-contractual liability, etc., is excluded – as far as legally permissible – for cases of slight negligence; this does not apply to personal injury or damage to items accepted for processing.
2. AndyandKellyKainz ‘DIGITAL’ OG does not give its customers any guarantees in the legal sense.
3. AndyandKellyKainz ‘DIGITAL’ OG is not liable for indirect damage, such as loss of profit or other financial losses suffered by the customer. Liability for damage or loss of files on data carriers by AndyandKellyKainz ‘DIGITAL’ OG or his vicarious agents as well as on the electronic data transmission paths and networks is excluded.
4. AndyandKellyKainz ‘DIGITAL’ OG only accepts liability for guaranteed properties if such a guarantee has been expressly made in writing.
5. It is expressly pointed out that AndyandKellyKainz ‘DIGITAL’ OG is only liable for its own content on the website https://andyandkellykainz.com.
6. The use of the services and digital content offered via the website https://andyandkellykainz.com is at the customer’s own risk.
VIII. Data protection
1. The data transmitted by the customer to AndyandKellyKainz ‘DIGITAL’ OG are used exclusively within the framework of the applicable statutory provisions.
2. In the case of an order, AndyandKellyKainz ‘DIGITAL’ OG will record, use and save the personal data provided by the customer to AndyandKellyKainz ‘DIGITAL’ OG for the purpose and for the duration of the proper contract processing (including order and payment processing).
3. Further information on the subject of data use / data protection can be found in the data protection declaration. In the data protection declaration, the customer is informed in particular about the following: – Type, scope, duration and purpose of the collection, processing and use of the personal data required for the execution of orders and billing; – The transfer of data to companies commissioned by AndyandKellyKainz ‘DIGITAL’ OG and obliged to comply with the statutory data protection regulations for the purpose and for the duration of contract and payment processing; – the right to free information regarding the personal data stored by AndyandKellyKainz ‘DIGITAL’ OG; – The right to correct, delete and block the personal data stored by AndyandKellyKainz ‘DIGITAL’ OG.
4. Any collection, processing and use of personal data going beyond items 1 and 2 requires the express consent of the customer. The customer has the right to revoke a given consent at any time with effect for the future (see data protection declaration).
IX. Applicable law, place of jurisdiction
1. Unless otherwise required by mandatory law, Austrian law applies exclusively and the exclusion of reference standards and the UN Sales Convention.
2. If the customer is a consumer resident in the European Union, he can take legal action against AndyandKellyKainz ‘DIGITAL’ OG either in Austria or in the courts of the contracting state in whose territory he is resident.
3. In the event that a customer is not a consumer within the meaning of the Consumer Protection Act, the place of jurisdiction for all disputes arising directly or indirectly from the contract between the customer and AndyandKellyKainz ‘DIGITAL’ OG is the competent court in Klagenfurt as the exclusive place of jurisdiction.