When buying Tickets for any of the Courses offered on this website, you automatically agree to the terms of use below.
Imprint
This is our official website. All texts are from us.
We do not take responsibility for the content of linked pages.
But here everything again in complicated...
Imprint
Information according to § 5 TMG
Personal Trainer "Fitness
Sara Pamploni
M sarapamplonipt@gmail.com
Personal Trainer "Pilates
Sabrina Sepe
M info@sabrinasepe.com
Liability for contents
The contents of our pages were created with the greatest care. However, we cannot assume any liability for the correctness, completeness and topicality of the contents. As a service provider, we are responsible for our own content on these pages according to § 7 para.1 TMG (German Telemedia Act) and general laws. According to §§ 8 to 10 TMG we are not obliged to monitor transmitted or stored information from third parties or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this respect is only possible from the time of knowledge of a concrete infringement. If we become aware of any such violations, we will remove the content in question immediately.
Liability for links
Our offer contains links to external websites of third parties, on whose contents we have no influence. Therefore we cannot assume any liability for these external contents. The respective provider or operator of the sites is always responsible for the contents of the linked sites. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not identified at the time of linking. However, a permanent control of the contents of the linked pages is not reasonable without concrete evidence of a violation of the law. If we become aware of any infringements, we will remove such links immediately.
Copyright
The contents and works on these pages created by the site operators are subject to German copyright law. The duplication, editing, distribution and any kind of utilization outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of these pages are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such contents immediately.
Data protection
The use of our website is usually possible without providing personal data. As far as personal data (e.g. name, address or e-mail addresses) is collected on our website, this is always done on a voluntary basis, as far as possible. These data will not be passed on to third parties without your express consent.
We would like to point out that data transmission over the Internet (e.g. communication by e-mail) can have security gaps. A complete protection of data against access by third parties is not possible.
The use by third parties of contact data published within the framework of the imprint obligation for the purpose of sending advertising and information material not expressly requested is hereby expressly prohibited. The operators of the site expressly reserve the right to take legal action in the event that unsolicited advertising information is sent, for example by spam mail.
Google Analytics
This website uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website (including your IP address) is transferred to a Google server in the USA and stored there. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you agree to the processing of the data collected about you by Google in the manner and for the purpose described above.
Google AdSense
This website uses Google Adsense, a web advertising service of Google Inc, USA (''Google''). Google Adsense uses so-called ''cookies'' (text files), which are stored on your computer and which enable an analysis of your use of the website. Google Adsense also uses so-called ''Web Beacons'' (small invisible graphics) to collect information. By using web beacons, simple actions such as visitor traffic on the website can be recorded and collected. The information generated by the cookie and/or web beacon about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website with respect to the advertisements, compiling reports on website activity and advertisements for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You can prevent the storage of cookies on your hard drive and the display of web beacons by selecting ''do not accept cookies'' in your browser settings (in MS Internet Explorer under ''Tools > Internet Options > Privacy > Settings''; in Firefox under ''Tools > Settings > Privacy > Cookies''); however, we would like to point out that in this case you may not be able to use all the functions of this website to their full extent. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Privacy policy
Privacy policy (adapted by the website owner)
This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the associated websites, functions and contents as well as external online presences, such as our Social Media Profile (hereinafter referred to collectively as "online offer"). With regard to the terms used, e.g. "processing" or "responsible person", we refer to the definitions in Art. 4 of the Basic Data Protection Regulation (DSGVO).
Person responsible
Sara Pamploni
sarapamplonipt@gmail.com
Sabrina Sepe
M info@sabrinasepe.com
Types of data processed:
- contact details (e.g., e-mail, telephone numbers).
- Content data (e.g., text input, photographs, videos).
- Usage data (e.g., websites visited, interest in content, access times).
- Meta/communication data (e.g., device information, IP addresses).
Categories of data subjects
Visitors and users of the online offer (in the following we will refer to the persons concerned collectively as "users").
Purpose of processing
- Provision of the online offer, its functions and contents.
- Answering of contact requests and communication with users.
- Security measures.
- Reach Measurement/Marketing
Used terms
"Personal data" shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, a location data, an online identifier (e.g. a cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person
"Processing" means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually all data handling.
"pseudonymization" shall mean the processing of personal data in such a way that the personal data cannot be related to a specific data subject without the inclusion of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures ensuring that the personal data is not attributed to an identified or identifiable natural person
"profiling" shall mean any automated processing of personal data consisting in using such personal data to evaluate certain personal aspects relating to a natural person, in particular with a view to analysing or predicting aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movements of that natural person
The "controller" is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
"processor" means any natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller
Applicable legal basis
In accordance with Art. 13 DSGVO we inform you about the legal basis of our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 DSGVO, the legal basis for processing for the purpose of fulfilling our services and implementing contractual measures and answering inquiries is Art. 6 Para. 1 lit. b DSGVO, the legal basis for processing for the purpose of fulfilling our legal obligations is Art. 6 Para. 1 lit. c DSGVO, and the legal basis for processing for the purpose of safeguarding our legitimate interests is Art. 6 Para. 1 lit. f DSGVO. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.
Security measures
In accordance with Art. 32 DSGVO and taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the varying probability of occurrence and severity of the risk to the rights and freedoms of natural persons, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk.
These measures shall include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling the physical access to the data, as well as the access, input, disclosure, security of availability and separation of the data relating to them. Furthermore, we have established procedures to ensure that the rights of data subjects are exercised, data is deleted, and we respond to any threats to the data. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and through data protection-friendly presettings (Art. 25 DSGVO).
Cooperation with contract processors and third parties
If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transfer it to them or otherwise grant them access to the data, this is only done on the basis of a legal authorization (e.g. if a transfer of the data to third parties, such as payment service providers, is necessary for the performance of the contract in accordance with Art. 6 para. 1 lit. b DSGVO), if you have consented, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties to process data on the basis of a so-called "contract processing agreement", this is done on the basis of Art. 28 DSGVO.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using the services of third parties or disclosure or transfer of data to third parties, this will only take place if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we will only process or transfer the data in a third country if the special requirements of Art. 44 ff. DSGVO. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
Rights of the data subjects
You have the right to request confirmation as to whether or not data in question is being processed and to receive information about this data and to receive further information and a copy of the data in accordance with Art. 15 of the Data Protection Act.
You have accordingly. Art. 16 DSGVO the right to request the completion of data concerning you or the correction of incorrect data concerning you.
In accordance with Art. 17 DSGVO, you have the right to demand that data concerning you be deleted immediately, or alternatively, in accordance with Art. 18 DSGVO, to demand that the processing of the data be restricted.
You have the right to demand that the data concerning you, which you have made available to us, be received in accordance with Art. 20 DSGVO and to demand its transfer to other responsible parties.
You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 DSGVO.
Right of withdrawal
You have the right to revoke consents granted in accordance with Art. 7 para. 3 DSGVO with effect for the future
Right of objection
You can object to the future processing of data concerning you at any time in accordance with Art. 21 DSGVO. The objection may in particular be made against processing for the purposes of direct advertising.
Cookies and right of objection for direct advertising
Cookies" are small files that are stored on the user's computer. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his visit to an online service. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the contents of a shopping cart in an online store or a login status can be stored. Cookies are described as "permanent" or "persistent" if they remain stored even after the browser is closed. For example, the login status can be saved if the user visits it after several days. Likewise, the interests of the users can be stored in such a cookie, which is used for range measurement or marketing purposes. Third-party cookies are cookies that are offered by providers other than the person responsible for operating the online service (otherwise, if it is only their cookies, it is called "first-party cookies").
We may use temporary and permanent cookies and provide information on this in our privacy policy.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional limitations of this online offer.
A general objection to the use of cookies used for online marketing purposes can be declared for many of the services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/oder the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that in this case not all functions of this online offer can be used.
Deletion of data
The data processed by us will be deleted or limited in their processing in accordance with articles 17 and 18 DSGVO. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
According to legal requirements in Germany, the storage is in particular for 10 years according to §§ 147 para. 1 AO, 257 para. 1 No. 1 and 4, para. 4 HGB (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years according to § 257 para. 1 No. 2 and 3, para. 4 HGB (commercial letters).
According to legal requirements in Austria, the storage is in particular for 7 J according to § 132 para. 1 BAO (accounting documents, vouchers / invoices, accounts, receipts, business documents, statement of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
Contact
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user's details will be used to process the contact request and its handling in accordance with Art. 6 Par. 1 lit. b. (within the scope of contractual/pre-contractual relations), Art. 6 para. 1 lit. f. (other inquiries) DSGVO processed... User data may be stored in a customer relationship management system ("CRM system") or comparable inquiry organization.
We will delete the inquiries if they are no longer required. We check the necessity every two years; furthermore, the legal archiving obligations apply.
Online presences in social media
We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
Unless otherwise stated in our privacy policy, we process the data of users if they communicate with us within the social networks and platforms, e.g. write articles on our online presences or send us messages.
Integration of third party services and content
We set within our online offer on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO), we use content or service offers from third parties in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as "content").
This always presupposes that the third-party providers of such content are aware of the IP address of the users, as without the IP address they would not be able to send the content to their browsers. The IP address is therefore necessary for the display of this content. We make every effort to use only such content whose respective providers use the IP address only to deliver the content. Third party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may contain technical information about the browser and operating system, referring websites, visiting times and other details about the use of our online offer, as well as being linked to such information from other sources.
YouTube
We integrate the videos of the "YouTube" platform of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
Google Fonts
We integrate the fonts ("Google Fonts") of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
Google ReCaptcha
We integrate the function for detecting bots, e.g. when entering data into online forms ("ReCaptcha") of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
Within our online offer, functions and contents of the service Twitter, offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA, can be integrated. This may include content such as images, videos or text and buttons that allow users to share content from this online service within Twitter.
If the users are members of the Twitter platform, Twitter can assign the access to the above-mentioned content and functions to the user profiles there. Twitter is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active). Privacy policy: https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalization.
Within our online offering, functions and content of the Instagram service, offered by Instagram Inc, 1601 Willow Road, Menlo Park, CA, 94025, USA, can be integrated. This may include, for example, content such as images, videos or text and buttons that allow users to share content from this site within Instagram. If the users are members of the Instagram platform, Instagram may assign the access to the above-mentioned content and functions to the profiles of the users there. Instagram's privacy policy: http://instagram.com/about/legal/privacy/.
Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke
Notes on data processing in connection with Google Analytics
This website uses Google Analytics, a web analysis service of Google Ireland Limited. If the person responsible for data processing on this website is located outside the European Economic Area or Switzerland, Google Analytics data processing is carried out by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as "Google".
Google Analytics uses "cookies", which are text files placed on the visitor's computer, to help the website analyze how the visitor uses the site. The information generated by the cookie about the use of the website by the visitor (including the abbreviated IP address) is usually transferred to a Google server and stored there.
Google Analytics is only used with the extension "_anonymizeIp()" on this website. This extension ensures that the IP address is made anonymous by shortening it and excludes the possibility of direct personal reference. The extension shortens the IP address of Google within member states of the European Union or in other states which are party to the Agreement on the European Economic Area before. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. The IP address transmitted by the corresponding browser within the scope of Google Analytics is not merged with other data from Google.
On behalf of the site operator, Google will use the information collected to evaluate the use of the website, to compile reports on the website activities and to provide further services to the site operator in connection with the use of the website and the Internet (Art. 6 para. 1 lit. f DSGVO). The legitimate interest in the data processing lies in the optimization of this website, the analysis of the use of the website and the adaptation of the contents. The interests of the users are sufficiently protected by the pseudonymization.
Google LLC. is certified according to the so-called Privacy Shield (list entry here) and guarantees on this basis an adequate level of data protection. The data sent and linked to cookies, user IDs (e.g. user ID) or advertising IDs are automatically deleted after 50 months. Data whose retention period has been reached is automatically deleted once a month.
The collection by Google Analytics can be prevented by adjusting the cookie settings for this website. The collection and storage of the IP address and the data generated by cookies can also be refused at any time with effect for the future. The corresponding browser plugin can be downloaded and installed under the following link: https://tools.google.com/dlpage/gaoptout.
The visitor can prevent the collection by Google Analytics on this website by clicking on the following link An opt-out cookie is set to prevent future collection of data when visiting this website.
Further information on the use of data by Google, setting and objection options, can be found in the privacy policy of Google (https://policies.google.com/privacy) and in the settings for the display of advertising by Google (https://adssettings.google.com/authenticated).
reCAPTCHA
In order to protect your requests via Internet form, we use the service reCAPTCHA of the company Google LLC (Google). The query serves to distinguish whether the input is made by a human being or abusively by automated, machine processing. The query includes the sending of the IP address and possibly other data required by Google for the service reCAPTCHA to Google. For this purpose, your input will be transmitted to Google and used there. Your IP address will, however, be shortened by Google within member states of the European Union or in other signatory states of the Agreement on the European Economic Area before being used. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of this service. The IP address transmitted by your browser in the context of reCaptcha is not combined with other data from Google. For these data the deviating data protection regulations of the enterprise Google apply. You can find further information on Google's privacy policy at: https://policies.google.com/privacy?hl=de
GENERAL TERMS AND CONDITIONS
1. area of application
1.1 The online portal HomeStreamFit.com for modern online fitness streaming is an offer of the freelance trainers Sara Pamploni (for the fitness offer) and Sabrina Sepe (for the Pilates offer) (hereinafter: "trainers").
1.2 The contractual relationship between the trainers and the user (hereafter: "user" or "you") regarding the use of this offer is subject to these General Terms and Conditions (GTC). Deviating terms and conditions of the user will not become part of the contract, even if the trainers do not expressly object to them.
2. conclusion of contract and contractual relationships; modification of the AGB
2.1 A condition for the use of the offer of HomeStreamFit.com is the acquisition of tickets with costs by the user. The purchase of "fitness" tickets is subject to a contract with Sara Pamploni, the purchase of Pilates tickets is subject to a contract with Sabrina Sepe.
2.2 The contract is concluded by confirmation of the user's ticket purchase or acceptance of the user's order by the trainer.
2.3 The user must have unlimited legal capacity or act with the consent of his legal representative. In any case, he must be at least 14 years of age.
2.4 The trainers are entitled to amend these GTC if the user agrees to the amendment. The consent of the user is deemed to have been given if the trainers have notified the user in writing of the proposed amendment to the GTC no later than 6 weeks before the proposed date of its entry into force and the user has not objected in writing within 6 weeks of this date. The trainers undertake to inform the user of the respective changes in the notification of change and to make special, highlighted reference to the effect of the approval of a failure to object in good time.
3. scope of services & duties or obligations of the user, prohibited behaviour
3.1 Insofar as a contract for tickets with costs has been concluded, the trainers will provide the agreed services. Insofar as the trainers also provide content and/or services voluntarily and free of charge, this is done without assuming any legal obligation to do so and the trainers are entitled to change, extend or restrict these services at any time.
3.2 The service is the execution of an online fitness or Pilates training, on the days and times offered by the trainers, with the help of the offer of www.zoom.us .
3.3 The purchase of "Pilates Tickets" only entitles you to participate in the Pilates Streams online. The purchase of "Fitness Tickets" only entitles the holder to participate online in the Fitness Streams.
3.4 The purchase of a "TRY-TICKET" (= trial lesson) can only be used once per person and per sport. Any trial lessons accidentally purchased twice will be refunded.
3.5 Tickets have a validity of 3 months from the date of purchase. Tickets not redeemed during this period expire.
3.6 The purchase of tickets does not automatically guarantee participation in a course at a certain date and time, as the number of participants is limited to 20 persons per course. In order to obtain a guaranteed seat at the desired date and time, a seat must be reserved in advance using the booking option provided on the website. Reservations can be made a maximum of 7 days in advance.
3.7 The reservation can be cancelled free of charge up to 24 hours before the start of the course. Cancellation less than 24 hours before the start of the course is no longer possible and the ticket expires whether the student is attending the course or not. Cancellation must be made in writing by email, via the booking form or via a booking tool to the appropriate trainer. If the user cannot attend the course at short notice for health reasons, there is the possibility (upon presentation of a medical certificate) to make up for the course at another time within the 3 months validity from the date of purchase.
3.8 A reservation/registration for a group course is mandatory (also in case of a spontaneous participation/registration shortly before the course starts).
3.9. 15 minutes before the course starts the access link to the group live streaming course will be sent to the email address of the participants with reservation/registration. After that, users have until the beginning of the course to enter the online waiting room of the streaming course to be admitted by the course instructor. It is not possible to join the class after the start of the lessons.
3.10. The Online Streaming Classes will be conducted via the platform www.zoom.us. It is the responsibility of the user to have sufficiently studied the program so that the participant can participate in the streaming offer independently. This could also mean that the participant may have to register with the platform www.zoom.us and create a profile. The trainers are not liable for the platform www.zoom.us and its function.
3.11. The trainers do not accept any responsibility for restrictions that are due to the service provided by www.zoom.us or the customer's existing Internet connection.
3.12. The user may use the offer of HomeStreamFit.com only for his private purposes. The commercial or business use is forbidden.
3.13. Only one person per ticket may participate in the online group course.
3.14. The user is obligated to consider the offers liable to pay costs at contents as well as other contents in the offer of HomeStreamFit.com existing legal author and other rights. He may not copy, distribute or make these contents publicly accessible or remove technical protection measures or copyright or rights notices, unless this is expressly permitted.
3.15. The user has the obligation to provide hardware and software as well as a broadband internet connection for the retrieval of the agreed contents and/or services from the offer of HomeStreamFit.com at his own expense.
5 Requirements for participation and liability conditions
5.1 Each participant acts on his own responsibility and decides to what extent he gets involved in the offered physical and psychological processes. The online courses do not replace visits to the doctor or treatments and therapies prescribed or recommended by doctors. In case of existing or possible health impairments, the customer must obtain permission to participate in the online group courses of HomeStreamFit.com from his attending physician.
5.2 The participant must feel physically, mentally and emotionally healthy at the time of the treatment/training. The participant takes part in the online group courses voluntarily, on his own responsibility and at his own risk. In the event of complaints of any kind or indisposition, the user is required to stop the training immediately. The participant has to bear the general risks associated with the training himself/herself and is generally responsible for the resulting damage to property and personal injury.
5.3 The instructions of the trainer are to be followed, since incorrect or careless execution of the exercises can have effects on health. If, despite expert instruction, consequential damage occurs which is due to the fact that the participant has participated in the online group courses despite reasons for exclusion, the trainer is released from all liability.
This also applies to damages that arise because a reason for exclusion was not known to the client himself and was not recognizable by the trainer. A liability claim against the trainer does not exist. In case of doubt, possible obstacles to participation (e.g. pregnancy, diabetes, historical and current injuries, diseases, etc.) must be clarified by the client through a doctor. Liability claims against the trainer, which may arise from possible health and medical problems as a result of the online group courses, are expressly excluded.
5.4 If a survey on the state of health is conducted, the user must answer all questions on his state of health truthfully and completely to the best of his knowledge.
6. terms of payment
6.1 Agreed fees are due immediately, unless otherwise agreed.
6.2 If a total payment is agreed for a certain period of time, the total amount is due at the beginning of the period, unless otherwise agreed.
6.3 Only the agreed means of payment shall be permissible for payment.
6.4 If the User unjustifiably fails to meet a due payment obligation to the Trainer, the User shall, after prior warning, temporarily block participation in the User's online group courses until the payment owed has been received.
6.6 The user must reimburse the trainer in accordance with the statutory provisions for any damages and necessary expenses (e.g. return debit costs, fees) incurred by the trainer as a result of the user's failure to pay or late payment or other disruptions to payment by the user (e.g. lack of account cover for direct debit mandate in breach of duty).
7. final provisions, miscellaneous
7.1 Oral or written collateral agreements do not exist.
7.2 Should individual provisions of these GTC or the concluded contract be or become invalid in whole or in part, the rest of the contract shall remain valid. The invalid provision shall be replaced by the statutory provision.
7.3 German law applies.
7.4 The agreed place of jurisdiction for all disputes arising from the contractual relationship between the user and the trainer is Berlin.
7.5 In case of complaints about HomeStreamFit.com, the user can always contact the European platform for online dispute resolution in consumer matters: https://ec.europa.eu/consumers/odr/
7.6 The trainer is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
- END OF THE TERMS AND CONDITIONS -
Cancellation policy
If you are a consumer, you have a right of withdrawal as follows:
Right of revocation
You have the right to revoke this contract within 14 days without giving reasons.
The right of revocation is 14 days from the day of conclusion of the contract.
In order to exercise your right of revocation, you must inform the trainer (see imprint) of your decision to revoke this contract by means of a clear statement (e.g. a letter or e-mail sent by post). You can use the attached sample revocation form (see below), which is 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 end of the revocation period.
Consequences of the revocation
If you revoke this contract, the trainer shall refund to you all payments she has received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which she receives notification of your revocation of this contract. For this refund you will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you.
Other notes
In case of a contract for the provision of services, the following applies: If you have requested that the services should begin during the cancellation period, or if you have already taken part in online group courses during the cancellation period, you must pay the trainer a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
- END OF THE RIGHT OF WITHDRAWAL -
Sample revocation form
(If you want to cancel the contract, please fill out this form and send it back).
To:
Sara Pamploni, Kantstraße 56, 10627 Berlin, sarapamplonipt@gmail.com (for fitness training)
Sabrina Sepe, Gierkezeile 38, 10585 Berlin, info@sabrinasepe.com (for Pilates training)
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / services (*)
Ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of communication on paper)
Date
(*) Delete as appropriate
Status: November 2020 TRANSLATED WITH DEEPL