for
Sport Media IT GmbH & Co. KG
Ziegeleiweg 15
04435 Schkeuditz
Germany
info@allezcom.com
www.allezcom.com
The use of our website (www.allezcom.com) is subject to the following provisions.
The purpose of the company is, inter alia, the marketing of videos for various sports. An online offer for this can be found at the website www.allezcom.com. This will incur a charge for the user. The videos are provided by web-based systems.
An additional purpose of the company is the planning, establishment and operation of training centres, sporting venues and academies, as well as all products and services in connection with them. Furthermore, the company provides training opportunities and community modules for various sports.
The company's goal is the enhancement of athletes' performance and media exposure of the respective sports.
(1) Only the current version of the following General Terms and Conditions, corresponding to the date of purchase, have valid jurisdiction over the legal relationship that results from the internet shop between the operator of the shop (hereinafter "Supplier") and its Customers.
(2) Deviating General Terms and Conditions of the Customer will be made null and void.
Offers can be accessed either via guest access with no registration and with no password, or via customer access with registration (with password). Media IT determines access rights and price category after registration, in the event that the customer is allowed to use discounts or further functions.
For customer access registration, the customer must register on the website www.allezcom.com and request to open a customer account and create a personal, secret password. The license agreement is concluded when Sports Media IT GmbH & Co. KG receives a confirmation e-mail of the account set up. After setting up the customer's account with additional functions the Customer will receive a secret password from Sports Media IT GmbH & Co. KG. The Customer undertakes to keep the username and password secret, and especially not to divulge it to third parties. The user is liable for any damages to Sports Media IT GmbH & Co. KG arising because the username and/ or password are not kept secret. For any changes to data provided during registration, the Customer is obliged to immediately correct this information in the online account.
If the seller sends illustrations, calculations, figures and other documents to the buyer (Customer) by means of offers, or notifies the buyer otherwise in connection with offers, the seller will reserve ownership, authorship and other proprietary rights (primarily expertise). The Customer may only use these documents for personal use, transfer them or otherwise make them available to third parties with the prior written consent of the seller. It is not necessary that the seller refers to these documents as confidential.
(1) The presentation of products on the internet shop does not represent a binding offer from the Supplier to conclude a purchase contract. The Customer will only be invited to order through an offer.
(2) By ordering via the internet shop, the Customer submits a binding offer directed towards the conclusion of a sale of the products contained in the basket. By submitting an order, the Customer also accepts these Terms and Conditions as the sole authoritative document for their legal relationship with the Supplier.
(2) The Supplier shall acknowledge receipt of the Customer's order by sending a confirmation email. This confirmation does not constitute the acceptance of the offer by the Supplier. It serves only to inform the Customer that the order has been received by the Supplier. The declaration of acceptance of the offer will be made by the delivery of products or an explicit declaration of acceptance.
(4) In addition, contracts can also come about through individual inquiries and individually concluded contracts .
We offer the following methods of payment.
(1) Cash on Delivery (only within Germany)
Using this method, payment is made upon delivery of the product. Depending on the delivery company and the size of the delivered package, this method can also incur an additional delivery fee. At Sports Media IT GmbH & Co. KG, the cash on delivery fee for flat rate shipping for Germany amounts to 4.00 € (Euro). In addition, a 2.00 € (Euro) forwarding fee shall be payable directly to the delivery person (unfortunately Sports Media IT GmbH & Co. KG has no influence over this).
Payment is made directly upon delivery of products.
(2) Prepayment
You will receive an order confirmation by email, in which all the important payment information is included. Sports Media IT GmbH & Co. KG will deliver your products as soon as a payment is received within 14 business days.
(3) PayPal
In order to use PayPal you must first ensure that you have a PayPal account. During the payment process in the online shop, you will be directly redirected to the PayPal homepage. There, you can log in and choose between different payment options.
(4) Via bank transfer
(5) Credit card
Whether VISA, Mastercard, Carte Bleue (F), Postepay (I), ServiRed (ES) - at Sports Media IT GmbH & Co. KG, you can pay easily and securely by credit card. Sports Media IT GmbH & Co. KG communicates the data received from you to a so-called acquiring company, which performs a credit note in the corresponding amount to the account of Sports Media IT GmbH & Co. KG and in turn debits the amount from you.
If, within the range of services, Any subscriptions for specific services offered within the range of services will have a minimum term of 14 days. They can be terminated at any time within a period of 14 days.
(1) The delivery time of fixed carriers and hardware is 14 days after receipt of payment. Download offers can be downloaded immediately after payment.
The delivered products will remain the property of the Supplier until a full payment is made.
The purchase price is payable immediately upon conclusion of the contract.
A Customer is only entitled to compensation expenses provided their compensation claim of said expenses has been established or is undisputed.
By agreeing to these Terms and Conditions, you also acknowledge that all works are copyrighted. This applies to all intellectual property such as trademarks, patent rights, design rights and copyrights. Furthermore, it is prohibited to modify or distort the products. In particular, you agree not to reproduce, copy or otherwise duplicate in any manner or continue to spread the products without prior authorisation.
(1) You have the right to cancel this contract within fourteen days of conclusion with no explanation required. The cancellation period is fourteen days from the day on which you, or any third party who is named by you and is not the carrier, take(s) possession of the products. To exercise your right, you must inform Sports Media IT GmbH & Co. KG by declaration (e.g. by posted letter or email) of your decision to cancel this Agreement, or alternatively return the received goods within the time limit.
(2) With regard to delivery contracts for audio or video recordings or for software, this cancellation right will be assumed invalid if the delivered data mediums have been unsealed by you. The same applies in the case of downloads of the products mentioned.
(3) The written declaration or the returned products should be sent to the following address:
Sport Media IT GmbH & Co. KG
Ziegeleiweg 13A-15
04335 Schkeuditz - Germany
Email: info@allezcom.com
In order to meet the deadline of contract cancellation, it is sufficient for you to send notification stating your intention to exercise said right before the stated deadline.
If you cancel the purchase of your goods, Sports Media IT GmbH & Co. KG must repay you all the payments that you have provided (excluding delivery costs) without delay and at the latest within fourteen days from the date of cancellation. Repayments will be made using the same method of payment that was used during the original transaction, unless expressly agreed otherwise. Under no circumstances will you be charged for this refund.
Sports Media IT GmbH & Co. KG may withhold repayment until the arrival of the product at the office or until proof is provided that the products have been returned; whichever comes first.
You must return the products immediately and in any event no later than fourteen days from the date on which you notify Sports Media IT GmbH & Co. KG of the cancellation of purchase. The deadline shall be considered met if the products are sent before the fourteen day period has expired. You will be responsible for bearing the direct cost of returning the goods.
You shall only be liable for any diminished value of the products if a test of the condition, characteristics, and functioning of the products shows that the loss in value is due to improper handling on your part.
(1) Claims for damages by the Customer are excluded, unless agreed otherwise in the following. The above disclaimer also applies to the legal representatives and agents of the Supplier, if the Customer makes claims against them.
(2) Exempt from the disclaimers specified under section 1 are damage claims based on injury to life, limb, health, and claims for damages from breach of contract. Material contractual obligations are those obligations whose performance is necessary to achieve the objective of the Contract, for example, the obligation of the Supplier to present the object to the Customer free of material and legal defects and to hand over ownership of said object. Also excluded from the disclaimer is liability for damages based on an intentional or grossly negligent breach of duty of the Supplier, his legal representatives or agents.
(3) Provisions of the Product Liability Act (Liability Act) remain unaffected.
(4) We are not liable to you or any other person for any damages for special damages, for incidental/ consequential costs or punitive damages (even if we were informed of the possibility of such damages); herein are included compensation (a) of the foreseeable or unforeseeable loss of use, data or profits, (b) on the basis of any theory of liability, including contract or breach of warranty, negligence or other unlawful acts or (c) in other receivables, arising out of or in connection with your use of or your access to services or works. These conditions can not be regarded as a limitation or exclusion of our liability for gross negligence or wilful misconduct on our part (or our employees). With the exception of the information provided in the download or upload of the contract, the total liability in any matter arising from or in connection with these conditions is limited to 100 US dollars. The limitations and exclusions in this section apply to the extent permitted by law.
Sport Media IT GmbH & Co. KG is aware of the importance of discreet treatment and protection of information, which is provided by the Customer via the internet. Only data that is strictly necessary for service use will be collected and stored. The personal data provided by you to us will be used only for purpose-related implementation of the sales contract and customer management. Your data will not be transferred to third parties. We collect personal information only as permitted by law, in particular in accordance with applicable provisions of the Federal Data Protection Act and the Teleservices Data Protection Act.
(1) The Law of the Federal Republic of Germany shall hold jurisdiction over the contractual relationship between the Supplier and the Customer. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the Customer holds habitual residence. The validity of the UN Sales Convention is excluded.
The place of delivery and payments is the registered office of the company in Schkeuditz, Germany.
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the Customer and the Supplier is Leipzig, provided that the Customer is a merchant, a legal entity under public law, a special fund under public law, or otherwise a legal entity with whom arbitration agreements are possible.
(1) Misuse of services or website. The following are examples of prohibited uses:
1. to provide another person with access to your account.
2. to sell or transfer your account to another natural or legal person.
3. to use the website in an a manner contrary to the contract or unlawfully.
4. to upload to or post on the website libellous, slanderous or otherwise defamatory, offensive or immoral works or content or to use the website as means to disclose this information.
5. attempting to gain unauthorised access to hardware or software systems or networks associated with the website, or to obtain services or information that you are not deliberately given access to on or through the website.
6. attempting to gain unauthorised access to the account of another natural or legal person, or otherwise interfere with the use of the website by any other person or entity.
(2) It is also forbidden to use the website in a fraudulent or in another manner for which the site was not intended within rational reasoning. It is prohibited, for example, to primarily download works for the purpose of artificially upgrading the placement of a particular contributor or artificially triggering payments to contributors. A contributors or someone else may not download works originally shared by themselves in their own name.
(1) For certain persons and service providers, it is also permitted to upload own files and to make these available to sell. Further conditions regarding this provision can be found in this paragraph.
(2) The following is prohibited:
1. To upload to or to post on the website works or other materials that are copyrighted, trademarked or protected by other intellectual property rights, or to use the website to disclose such information, unless you own or control such rights or have received all necessary consent to do so.
2. To upload to or to post on the website work or content, viruses, worms, trojans or other malicious codes containing malicious, disruptive or destructive features, or to use the website to disclose such content.
3. The use of false or misleading information (e.g. false or misleading names, email addresses or URLs) when using the website, in particular as regards the origin or the source of a work or other material or content that or you upload, or identifying information for your account.
(3) Indemnification
You shall indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners and licensors against all claims, demands, losses or damages, including reasonable attorneys' fees, legal fees, arising out of or in connection with your work or other content provided by you, your use of the services or the website or a breach made by you of these conditions.
(4) We have the right to control the defence of any claim, suit or object that is subject to indemnification by you with counsel of our choice. You shall entrust to us your full cooperation in defending against such claims, actions or objects.
(5) Warranty disclaimer
1. The services, products and the website are provided without warranty. As far as permitted by law, we disclaim all express or implied warranties, including the implied warranties to non-infringement, merchantability and fitness for a particular purpose. We make no assurances about the works or the content within the services. Furthermore, we give no guarantee for the following: (a) that the services or works meet your requirements or that they will be available continuously, timely, securely or free of errors without interruption; (b) that the results from the use of the services are effective, accurate or reliable; (c) that the quality of services or works are to your expectations; (d) that errors or defects in the works or services will be corrected.
2. In particular, we disclaim any liability for lawsuits that arise out of your use of any services or works. You may use and access the services or works at your own discretion and at your own risk and you are solely responsible for damage to your computer system or loss of data arising from the use of and access to services or works.
(1) It remains in our discretion to terminate the terms of your account upon notice to you, in particular due to a breach of these terms on your part (or an act which clearly shows that you do not intend to comply with these conditions or are not able) when the provision of services in your area would mean too great a burden on us or if you do not use the website actively enough. You may terminate these terms and conditions or your account at any time by sending a cancellation request from your account page on the website.
(2) If repeated irregularities take place on the part of the user, we will block access to the website.
(3) We may suspend your account at any time and for any duration. During the suspension of your account you may not upload any works onto the website, but can still access your account.
(1) The termination of these terms will have the following effects:
1. Your account will be closed.
2. All works uploaded by you will be removed from the site. However, we may use these works for internal archival and reference purposes and all other members who have downloaded your works may continue to use your work in accordance with their license terms.
3. You may continue to use the works that you have downloaded and paid for.
4. You lose all rights, title rights and interests in all credits.
5. We may bar you from registering as a user or from gaining access to the services or website.
(2) The termination of this Agreement shall not relieve you from the obligation to pay outstanding fees or obligations under another agreement, which has not been specifically terminated, such as an upload or a download agreement.
You are responsible for all utility, sales, value-added and similar taxes and fees levied by government agencies in any jurisdiction in connection with your use of the website. If you have purchased a subscription from us, then we will charge you the fee named at the time of purchase plus resulting tax (e.g. value-added-tax - unless these fees are inclusive of VAT - sales tax, usage tax or other taxes or duties) at the beginning of each accounting period. If the valid VAT rate or another included tax or levy is changed during the one-year term, the price including tax will be adjusted accordingly. In this case, the service starts as soon as we confirm your payment. Special subscription conditions for a specific service will be set forth the time of purchase.
Should any provision of these General Terms and Conditions become invalid, the validity of the remaining provisions shall not be affected!