§ 1 Scope of application
- These General Terms and Conditions (GTC) apply to all contracts for the use of services offered by BOXHIIT, Dennis van der Vlugt, Heidter Straße 97, 42369 Wuppertal, Germany (hereinafter referred to as: BOXHIIT), whether free of charge or against payment. BOXHIIT is a high-intensity interval training, which combines boxing, kickboxing and strength training with your own body weight in one workout.
- These GTC apply to all contracts concluded between the parties, even if these do not expressly refer to the GTC. Deviating GTC of the customer do not apply, even if BOXHIIT does not expressly object to them. Individual special agreements take precedence over these GTC; this does not apply to pre-formulated contractual conditions of the customer.
§ 2 Amendment of the General Terms and Conditions
- BOXHIIT reserves the right to change these GTC at any time. The version valid at the time of the conclusion of the contract is decisive for new contracts.
- An amendment of the agreed GTC is possible for existing customers under the following restrictions: circumstances justifying such an amendment are unforeseeable changes which occurred subsequently, which BOXHIIT does not initiate and over which BOXHIIT has no influence and which unilaterally affect one party to the contract, as well as gaps in the GTC which lead to difficulties in the execution of the contract. BOXHIIT will send the modified GTC to the customer four weeks prior to their coming into effect and will specify the circumstances which are the reason of the modification as well as the scope of the modifications. If the customer does not object to the change in writing or by fax before it takes effect, but declares his agreement to the new GTC by further use of BOXHIIT’s services, the change is considered accepted; the GTC in their then amended version are then also valid for existing contracts from the announced date. In case of a timely, valid objection, the previous GTC continue to apply in the relationship of the parties; in this case, both the customer and BOXHIIT are entitled to terminate the contract with due notice.
§ 3 Conclusion of contracts
- The prerequisite for the opening of a user account and the use of BOXHIIT services is that the customer is already 18 years old and has full legal capacity.
- BOXHIIT exclusively addresses consumers. According to the legal definition, a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. The use of BOXHIIT for commercial or other commercial purposes is expressly prohibited.
- The respective contract is concluded with registration via the mobile app BOXHIIT. For registration via mobile apps, the conclusion of the usage contract depends on the rules of the respective provider of the store (e. g. Cule, Google, Sony etc.). In general, the contract is concluded when the customer clicks on the “Install” field in the respective store and, if necessary, enters the password.
- The customer can purchase individual additional services by paying a one-off amount or within a subscription. The contract for the mobile app is concluded when the customer clicks on the “Buy Now” field or a comparable field within the framework of an In-App purchase and, if necessary, enters the password for the respective app store.
- If the customer would like to purchase a one-time additional service or subscription via the mobile app BOXHIIT, BOXHIIT will not request any further invoice and payment data, as the service is purchased via the app store provider’s account.
§ 4 Scope of services and prices
- The scope of services contained and usable in BOXHIIT depends on whether and which BOXHIIT services are used free of charge or against payment.
- In the case of free use, the customer only has access to certain basic functions and basic information of the respective BOXHIIT service. An extended range of functions is available to the customer if he has certain contents (such as a training programme) activated separately for the respective BOXHIIT service against a one-time payment or within the scope of a subscription.
- All prices quoted include the respectively valid value added tax.
- If BOXHIIT services are purchased against payment via In-App purchases, invoicing is carried out via the provider of the respective store.
- If BOXHIIT incurs costs and/or expenses when a payment is rejected and the customer is responsible for this (e. g. because the account is not covered or the credit card limit has already been exhausted), BOXHIIT is entitled to invoice the costs and/or expenses incurred in the actual amount.
§ 5 Health requirements
- The use of the BOXHIIT services is at your own risk.
- The prerequisite for the use of the BOXHIIT services is in any case a good general state of health. If previous illnesses are known, BOXHIIT urgently recommends seeking medical advice before using the BOXHIIT services.
- The aforementioned conditions apply in particular if one or more of the following illnesses/medical disorders/medical interventions are known:
- Cardiovascular diseases
- lung or respiratory diseases (including asthma)
- Spinal column and/or joint problems
- Neuromuscular diseases
- Surgical interventions
- Other health restrictions
- For all female athletes, the training and coaching offered by BOXHIIT should not be used by pregnant or nursing mothers.
- The services and information offered within the framework of BOXHIIT are neither medical nor medical advice. They are not a substitute for a medical examination or treatment.
§ 6 User account
- Free basic functions do not require a user account. However, in order to use all BOXHIIT services, the customer must first register and open a user account. It is sufficient if a user account is opened once. The opening of a user account is possible via the mobile app BOXHIIT.
- If the customer does not log in to BOXHIIT with his Google or Apple account, BOXHIIT will request the customer to accept these GTC and the data protection regulations within the scope of the registration. For security reasons, after successful registration, BOXHIIT will first send an e-mail in which the registration is verified by clicking on the field “Confirm Account”. After clicking on the field, the customer is redirected to a website where the registration is finally confirmed by BOXHIIT. Only then the registration process is completed.
§ 7 Term of contract
- Unless otherwise agreed, contracts are concluded for an indefinite period.
- The duration of a subscription is determined by the calendar, regardless of the duration and scope of use of the respective BOXHIIT service.
- One-time additional services can be offered for a fixed term. They then end automatically with the expiration of time without need for cancellation.
- Subscriptions are offered with different minimum terms and are automatically extended by the period of the selected minimum term until a cancellation is made by the customer or by BOXHIIT.
§ 8 Terms of payment
- If additional services are purchased by paying a one-off amount, the fees are collected upon conclusion of the contract.
- If a subscription is purchased, the fee will be collected in advance for the respective minimum term at the time the contract is concluded.
- If the subscription is automatically renewed, the fee is collected in advance at the beginning of the respective renewal period. This does not apply if the fee is collected via iTunes, where the fee is collected 24 hours before the start of the respective billing period.
- BOXHIIT reserves the right to assert further claims due to default of payment.
§ 9 Right of revocation
You have the right to withdraw from the contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract. Please note that certain products are sold exclusively in packages. These product packages are indivisible services, so a partial revocation is excluded. Of course, you are free to revoke the contract with regard to the entire product package.
In order to exercise the right of revocation, you have to inform us,
Dennis van der Vlugt
Heidter Straße 97
by means of a clear statement (e. g. a letter, fax or e-mail sent by post) of the decision to withdraw from the contract. You can use the attached model withdrawal form, but this is not mandatory. In order to comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.
Consequences of revocation
If you withdraw from this agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your withdrawal from this agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event you will be charged for this refund. We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period is deemed to have been observed if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You will only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for checking their quality, properties and functionality.
If you have requested that the services should commence during the withdrawal period, you shall pay us 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 withdrawal in respect of this contract compared to the total amount of services provided for in the contract.
Sample revocation form
(If you want to cancel the contract, please fill in this form and send it back to:)
Dennis van der Vlugt
Heidter Straße 97
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in the case of communication on paper)
(*) Delete as appropriate.
End of the cancellation policy
§ 10 Liability for defects
- The legal regulations shall apply to claims based on defective performance. The rights as consumers remain unaffected.
- BOXHIIT does not make any assurances or guarantees that the desired training or other result will be achieved by using the respective BOXHIIT service. BOXHIIT does not owe a concrete success. In addition, the training result is also influenced by factors that cannot be controlled, such as physical dispositions and preconditions, so that the result can vary significantly for different people despite the same use of the BOXHIIT services.
§ 11 Liability
- If instructions (e. g. for certain exercises and training) are provided to you within the scope of our BOXHIIT services, you must comply with these instructions, otherwise there is a risk of injury and/or health risks.
- If you use aids or equipment for the exercises and training, it is your responsibility to ensure that these aids and/or equipment function properly and have been installed or set up.
- In the case of services provided against payment, BOXHIIT is liable without limitation for damages due to intent and gross negligence or the lack of a guaranteed characteristic, regardless of the legal grounds.
- If BOXHIIT violates an essential contractual obligation with slight negligence, our liability is limited to the typical, foreseeable damage. An essential contractual obligation is any obligation which is necessary for the fulfilment of contractual purposes and on the fulfilment of which you, as a consumer, can or could have relied.
- Our liability in the event of injury to life, body or health caused by us shall remain unaffected by the aforementioned limitations.
- BOXHIIT’s liability is otherwise excluded.
- Claims under the product liability law remain unaffected by the aforementioned exclusions or limitations of liability.
§ 12 Termination of contract
- You have the right to delete your user account at any time and without giving reasons and thus also to terminate your user contract. To do this, you only need to make the necessary settings in your profile. Please note that after deletion of your user account all content and training services you have posted will be or could be deleted by BOXHIIT and that you will no longer have access to content you have already purchased. Should you still have an ongoing subscription at the time of deletion of your account or should you have booked an additional service whose term has not yet ended, any amount you may have already paid will not be refunded, not even proportionately.
- BOXHIIT is entitled to terminate the user contract in text form without stating reasons with a notice period of two (2) weeks, at the earliest, however, at the end of the minimum term or the respective extension period of your subscription and/or at the end of the term of an additional service paid for once.
- Each subscription to a BOXHIIT service must be cancelled individually. You can cancel the respective subscription at any time without stating reasons with effect from the end of the minimum term or the end of the respective extension period. You can also declare the cancellation of your subscription by e-mail to firstname.lastname@example.org or by post. Subscriptions purchased in-App must be cancelled in the settings of the respective store. If your subscription fee is collected via iTunes, for technical reasons, your subscription is subject to a 24-hour notice period to the end of the minimum term or the end of the renewal period, whichever is the earlier. After termination of a subscription, your user account and any further subscriptions will continue to exist, subject to further termination.
- BOXHIIT is entitled to cancel each subscription at the end of the minimum term or at the end of the respective extension period with a notice period of two (2) weeks in text form.
- The right to terminate for good cause remains unaffected for both parties. In particular, BOXHIIT is entitled to terminate the user contract or subscription with immediate effect and to delete the user account if you seriously or repeatedly violate the provisions of the user contract and/or these GTC or are in arrears with payment obligations despite reminders.
§ 13 Data protection
In the event that BOXHIIT offers the customer the option of sharing information regarding training data, posts and training spots, etc. with other members (user profile, training data, posts, training spots, etc.), the customer has the option of regulating in the profile settings who can view the information (so-called “Privacy Settings”).
Declaration of consent under data protection law
I agree that at the beginning of my BOXHIIT journey or as long as I do not make any changes to the privacy settings, all BOXHIIT users can view my profile, training data, posts, training spots, etc., even without special permission. This should make it easier to follow me and/or support me in my journey through comments and encouragement. If I no longer wish to do so, I can always set my privacy settings to “Private”, which will allow only selected athletes to access the above information.
§ 14 Online Dispute Resolution
The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes relating to online orders out of court first. The dispute resolution platform can be found here: https://ec.europa.eu/consumers/odr/
Consumer information: non-participation in dispute settlement proceedings.
BOXHIIT is neither willing nor obliged to take part in a dispute settlement procedure before a consumer arbitration board.
§ 15 Final provisions
- The contract language is German.
- The law of the Federal Republic of Germany applies to all contracts between BOXHIIT and the customer, excluding the laws on the international purchase of movable goods. This choice of law applies to consumers only insofar as the protection granted by mandatory provisions of the state of the customer’s habitual residence is not withdrawn from the customer.
- The place of performance and jurisdiction for all disputes between the parties is the place of business of BOXHIIT. This only applies if the customer is a merchant, legal entity under public law or special fund under public law or has no general place of jurisdiction in Germany.
- Changes to contractual agreements must be made in writing.