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General terms and conditions
1. General 1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all services offered via the “IF – Change” website of Nils Nohl, Helsaer Str. 15, 34253 Lohfelden (hereinafter referred to as “Provider”), in particular for the 7-week fasting, nutrition and exercise programme (hereinafter referred to as “Online Programme”), which is subject to a charge and which is made available to users for retrieval via the Internet domain www.if-change.de (hereinafter referred to as “Homepage”). The General Terms and Conditions of Business of the respective version at the time of the user’s order apply exclusively. In the event of a change to the GTC during the period of use, the change shall apply unless the user has objected to it in due time.
1.2. General terms and conditions of users or conditions of the user deviating from these general terms and conditions are not valid.
1.3. With the legally binding order of the online program, the customer acknowledges the validity of these Terms & Conditions.
2. conditions for participation 2.1.The provider expressly points out that the online program is only suitable for users who are in a generally good state of health. Pregnant women, nursing mothers and persons in growth are not advised to participate in the online program. Persons who have an eating disorder or diabetes or who wish to become pregnant are not recommended to participate in the online program without first consulting a physician. The program is not suitable for vegans.
2.2.If a user shows signs of a disease of the cardiovascular system, lung disease, liver or kidney disease, gastritis, alcohol or drug addiction, depression, anxiety disorders, metabolic or hormonal disorders, sleep disorders, If you suffer from joint complaints or other health complaints (such as a tendency to hypoglycaemia or increased uric acid levels), the provider strongly recommends that you seek medical advice before participating in the online program in order to rule out any possible risks of participation.
2.3.The online program is not intended to replace a medical examination or treatment. The provider does not give medical advice at any time. The user always acts on his own responsibility and uses all information at his own risk.
3. scope of services 3.1. The provider offers the online program to all users from Germany, Austria and Switzerland against payment of a one-time usage fee or an installment payment (subscription system). For accesses of these users from third countries no guarantee can be taken over regarding the constant accessibility on the part of the offerer.
3.2. The respective description of the online program at the time of booking a user on the homepage is decisive for the service owed. The main component of the online programme is the temporary provision of information on the topics of intermittent fasting, nutrition, exercise and motivation. All contents are made available to the user exclusively in digital form (e.g. in the form of emails, PDF documents, via the homepage or as a stream).
3.3. By paying for the online program, the user acquires the right to access the contents of the online program for a period of twelve (12) weeks. This content will be successively activated during the first seven (7) weeks.
3.4. In addition to the paid online program, the provider also offers freely accessible information via its homepage. The supplier is free in the organization of these contents and is entitled at any time to change these unannounced, to limit, to extend or to delete. The information published has been compiled with the greatest care. However, the provider assumes no responsibility for the accuracy, completeness and timeliness of all content and services offered free of charge. In the event of any defects in the online program, the statutory warranty applies.
3.5. For participation in the online program, the user must fulfill all technical requirements at his own expense. In particular, the user is responsible for any connection costs for Internet access. These are not included in the services of the online program and are borne by the user.
3.6. A combination of different discount campaigns or vouchers is not possible. In addition, discounts cannot be redeemed subsequently after their expiration or if the quota is exhausted. The resale of discount and voucher codes is prohibited.
4. registration and access 4.1. In order to gain access to the online program, the user must register for a fee. Registration is initiated via the “Order now” button or, in the case of an action, via the clearly identified action button and is followed by the name, a valid email address and the selection of an offered means of payment. The user confirms his agreement to the present General Terms and Conditions, the data protection declaration as well as the knowledge of the revocation instructions of the provider by clicking on the button of the selected payment provider. The registration process is completed by clicking on the “Buy now” button.
4.2. By clicking the button “Buy Now” the user submits a binding offer to conclude a contract for participation in the online program that is subject to a fee. This offer is made under the suspensive conditions that the subsequent payment process is successfully completed. The effective participation contract is concluded when the payment process has been successfully completed and the provider accepts the user’s offer via a confirmation e-mail to the e-mail address provided by the user. With this email, the user receives his access data to the online program.
4.3. Access to the online program is personal to the user only and is not transferable. The user is responsible for keeping his password secret.
4.4. Individual registrations may be rejected by the provider without giving reasons.
5. obligations of the user 5.1. The user undertakes to use the online program exclusively in an appropriate manner, in particular neither in an abusive manner nor in a form that conflicts with these General Terms and Conditions. In doing so, the user undertakes to comply with applicable laws and to protect the rights of third parties. The user also undertakes to observe the data protection declaration and to check all outgoing emails to providers or other users for computer malware with the greatest possible care.
5.2. If the user is suspected of abusive use of the online program, the provider reserves the right to review the transactions. In the event of justified suspicion, the provider is entitled to block the user’s access to the online program. In the event of particularly serious infringements, the provider is entitled to terminate the contractual relationship without notice. The blocking will be lifted if the user clears his suspicion.
5.3. The User shall compensate the Provider for any damages incurred by the Provider due to improper use of the online program by the User. The user’s liability is limited to cases for which he is responsible.
6.2. The user hereby expressly acknowledges that all rights remain with the provider. This applies in particular to all copyright usage and exploitation rights to the audio files, contributions, articles, photos, videos, etc.
6.3. All other uses of the content provided require prior written confirmation by the provider. This applies, among other things, but not exclusively, to the reproduction of the contents, the public reproduction of the contents and their processing for private or commercial purposes.
6.4. The user hereby expressly acknowledges that all contents of the online program made available to him are only made available for a limited period (12 weeks from registration).
7. price, delivery and payment 7.1. The prices stated on the homepage for the online program at the time of registration are valid. These are binding final prices, are stated in Euro and include the statutory value added tax. The provider reserves the right to change the valid prices of future orders for the use of the online program at any time.
7.2. The online program is provided exclusively in online form. The 12-week period of use begins on the day the provider confirms the conclusion of the contract.
7.3. The provider only accepts the payment methods offered during the registration process of the online program (credit card, instant bank transfer, PayPal, electronic direct debit). The user chooses his preferred payment method on his own.
7.4. If a direct debit fails (e.g. if the user’s account is not sufficiently covered), any fees incurred will be passed on to the user.
8. Contract duration and termination 8.1. The contract term of the online program is twelve (12) weeks. The contract begins immediately after the successful confirmation of the contract conclusion by the provider and ends automatically at the end of the contract period. At the end of the contract, the user’s right to use the information provided shall lapse. The user’s access will be blocked or restricted after the end of the contract.
8.2. The right to termination without notice for good cause remains unaffected. Such a reason exists for the provider in particular if the user violates his obligations according to the terms and conditions and does not stop his behavior against the request of the provider within a reasonable time, if the account of the user can not be debited or the user gives incorrect or incomplete personal information.
8.3. The right of ordinary termination is excluded for users and providers.
9. revocation 9.1. right of withdrawal
You have the right to revoke this contract within 14 (fourteen) days without giving reasons. The revocation period is 14 days from the day the contract is concluded.
Your right of revocation expires prematurely in accordance with § 356 Para. 5 BGB in a contract for the delivery of digital content not on a physical data carrier, as soon as the provider or payment provider Digistore24 has begun with the execution. This shall apply if you have expressly consented to the commencement of the execution of the contract by the Provider or the payment provider Digistore24 with respect to digital content prior to the expiry of the revocation period and you at the same time confirm knowledge that your right of revocation shall lapse upon consentment with the commencement of the execution of the contract.
In order to exercise your right of withdrawal, you must inform us (IF – Change, Nils Nohl, Helsaer Str. 15, 34253 Lohfelden, email: email@example.com) by means of a clear declaration of your decision to withdraw from this contract. You can use the enclosed revocation form, which is not mandatory. The declaration of revocation can be sent by post or e-mail. 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.
9.2. consequences of withdrawal
If you revoke this Agreement, we shall repay to you all payments received from you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
9.3. Pattern withdrawal form
(If you want to cancel the contract, please fill out this form and send it back to us.)
IF – Change
Helsaer Str. 15
I/we (*) hereby cancel the contract concluded by me/us (*) for participation in the online program “IF – Change”, ordered on (*)
name of the consumer(s):
Address of the consumer(s):
Email address of the consumer(s) (with which the registration was made):
Reason for termination (**):
Signature of the consumer(s) (postal revocation only):
(*) Delete inapplicable
(**) The specification of a reason for termination is voluntary. Nevertheless, we would be very pleased to receive your feedback. In the end, you will help us to constantly improve. Thank you very much for your support.
10. liability 10.1. The following exclusions and limitations of liability shall apply to any liability of the provider for damages or reimbursement of futile expenses towards the user, irrespective of the other statutory prerequisites for claims.
10.2. Irrespective of the legal grounds, any liability of the provider is excluded. This exclusion does not apply if the cause of damage is based on intent or gross negligence of the provider.
10.3. Insofar as the liability of the provider is excluded or limited, the exclusion or limitation of liability also applies to the personal liability of employees, legal representatives and vicarious agents.
10.4. For damages, which are based on the injury of life, body or health and are based on an intentional, at least negligent breach of duty of the provider, a legal representative or vicarious agent, the provider is liable according to the legal provisions.
10.5. In case of at least negligent violation of essential obligations, the violation of which endangers the achievement of the purpose of the contract (essential contractual obligation), the provider shall only be liable for the foreseeable damage typical for the contract. This refers to such damages, the occurrence of which must typically be expected within the framework of the contract. An essential contractual obligation in the aforementioned sense is one whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies.
10.6. The user hereby expressly acknowledges that access to the online program cannot be guaranteed without exception for technical reasons. The provider endeavours to provide access to the online program 24 hours a day. A liability for the constant availability of the online program is excluded.
11th Community 11.1. All content (messages, texts, questions, comments, feedbacks, recipes, photos, etc.) transmitted by the user to the home page are the sole responsibility of the person who created the content.
11.2. The provider merely provides a platform for the exchange of content and expressly assumes no liability or obligation with regard to content or other processes in the community. In addition, the provider does not guarantee the content, accuracy or quality of the content created by users.
11.3. The provider reserves the right to remove contents of a user without prior notice and to exclude users from the community in case of improper use.
11.4. The user hereby accepts that only true content is permitted. In addition, the user guarantees that his posts do not violate applicable laws and regulations, morality and in particular the rights of third parties (personal, name, copyright, data protection rights, etc.). Furthermore, the user must ensure that his Posts do not insult, defame, harass or in any other way harm third parties.
11.5. The user remains the owner of the rights to his content.
12. Privacy 12.1. The provider collects personal data of the user within the framework of the execution of this contract. The user hereby expressly agrees to the collection, processing and use of his personal data in the context of contract processing. The provider processes this data of the user earmarked and confidentially. He observes in particular the respectively valid version of the Federal Data Protection Act as well as the Telemedia Act.
12.2. The user has the right, upon request and free of charge, to obtain information on the personal data stored about him by the provider. In addition, he has the right to correct incorrect data, block and delete his personal data, unless there is a legal obligation to retain.
12.3. Further information on data collection, processing and use can be found on the homepage via the “Privacy” button.
13. Change of AGB 13.1. The provider is entitled to change these terms and conditions at any time.
13.2. In case of a change of the AGB, the offerer will inform the user in time about it in written form or by email. The change is considered approved by the user, if he does not contradict the change within four (4) weeks after receipt of the change announcement in writing. The provider will inform the user within the scope of the change announcement about the consequence of a missing objection in due time.
13.3. In the event of an objection, the existing contractual relationship will be continued until the end of the current contractual period under the previous conditions. A claim of the user on the previous conditions with renewed participation does not exist.
14. Concluding provisions 14.1. German law applies to all legal relationships between the provider and the user. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
14.2. Should individual provisions of the contract including this provision be legally invalid in whole or in part or should the contract contain an unforeseen gap, the remaining provisions and parts of the contract shall remain binding. The ineffective or missing provisions shall be replaced, if any, by the respective statutory provisions. The contract as a whole becomes ineffective, if this should represent an unreasonable hardship for one of the contracting parties.
14.3. The provider reserves the right to transfer all contracts with the user based on these GTC in whole or in part to a third party. With the conclusion of this contract, the user agrees to the transfer of the contract. The user has the right in the case of a contract transfer to terminate his contract extraordinarily without notice.
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