General Terms and Conditions
§ 1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as ‘GTC’) govern the sale of products and services by fussballprognosen.com (hereinafter referred to as the provider) to you, in the version valid at the time of ordering.
(2) Any deviating terms and conditions of the customer shall be rejected.
(3) Please read these General Terms and Conditions carefully before accessing our website or placing an order with fussballprognosen.com. By accessing or using any part of the website or placing an order with fussballprognosen.com, you agree to these General Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these General Terms and Conditions are considered an offer, acceptance is expressly limited to these General Terms and Conditions.
(4) At fussballprognosen.com, we offer the following digital products for sale:
Combined football predictions (as individual combined predictions or as a complete package of four combinations) for the coming weekend
(5) At fussballprognosen.com, we also offer the following services: Creation of combination football predictions for selected matches from the Bundesliga and Serie A on the coming weekend.
(6) By agreeing to these Terms and Conditions, you declare that you are at least of legal age in your country of residence or that you are of legal age in your country of residence and have given us your consent for your underage relatives to use this website.
(7) You may not use our products for illegal or unauthorised purposes, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) when using the service.
(8) You may not transmit any worms or viruses or any other code of a destructive nature.
(9) Any new features or tools added to the website are also subject to the Terms and Conditions. You can view the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page regularly for any changes. Your continued use of or access to the website following the posting of any changes will be deemed acceptance of those changes.
(10) Violation or breach of any of these terms and conditions will result in immediate termination of your services.
§ 2 Conclusion of the contract
(1) Contracts on this website can only be concluded in German.
(2) The offers are directed exclusively at end customers with a billing address in:
Worldwide.
(3) The customer must be at least 18 years of age.
(4) The presentation of the goods on the website does not constitute a legally binding offer. The presentation of the goods merely invites the customer to make an offer.
(5) Your order constitutes an offer to fussballprognosen.com to conclude a purchase contract. The customer submits a binding offer when they have completed the online ordering process by entering the information requested there and clicking on the ‘Buy now’ button in the final step of the ordering process.
(6) The purchase contract between the provider and the customer is only concluded when the provider issues a declaration of acceptance. This occurs when the digital product is sent by email or automatically downloaded after the payment process.
(7) The validity of contracts for quantities exceeding normal household quantities and the commercial resale of the purchased item requires the express confirmation of the provider. This applies both to the number of products ordered within a single order and to the placement of multiple orders for the same product, where the individual orders exceed normal household quantities.
(8) Your orders will be stored by us after conclusion of the contract. If you lose your order documents, please contact us by email or telephone. We will send you a copy of the order data.
(9) Access to the fussballprognosen.com service does not require registration.
(10) The presentation of the service on the website does not constitute a legally binding offer. The presentation of the service merely invites the customer to make an offer.
(11) By ordering a paid service, the customer enters into a contractual relationship with fussballprognosen.com. The user will be informed about the respective paid service and the terms of payment before concluding this contractual relationship. The contractual relationship is established when the customer confirms the order and payment obligation by clicking on the ‘Buy now’ button.
§ 3 Description of the scope of services
The scope of services provided by fussballprognosen.com consists of the following services:
Creation of combination football predictions
§ 4 Prices
(1) Our prices include the applicable statutory value added tax.
(2) The prices at the time of ordering apply. If list prices are available, the prices of the list price valid at the time of ordering apply.
(3) If the user wishes to use a chargeable service, they will be informed of the chargeable nature of the service in advance. In particular, the respective additional scope of services, the costs incurred and the method of payment will be listed.
(4) The provider reserves the right to charge different fee models for different booking times and user groups, and in particular for different periods of use, as well as to offer different scopes of services.
(5) The prices for our products are subject to change without prior notice.
(6) We reserve the right to change or terminate the service (or any part or content thereof) at any time without notice.
(7) fussballprognosen.com is not liable to you or any third party for any changes, price changes, suspension or discontinuation of the service.
§ 5 Delivery and cancellation
(1) Unless otherwise agreed, delivery shall automatically take place after payment as a download or digital product to the email address provided by the customer.
(2) If delivery to the customer is not possible because the email address provided is incorrect, the customer shall bear the costs of the unsuccessful delivery.
(3) Delivery shall be made according to the customer’s payment method. In the case of payment by PayPal, delivery shall be made after conclusion of the contract.
(4) This right of cancellation does not apply to certain product groups and services, including digital content or software that is not delivered on a physical data carrier (e.g. on a CD or DVD), provided that the download or use (whichever occurs first) has begun.
§ 6 Terms of payment
(1) Any fees incurred are to be paid in advance, without deduction, to fussballprognosen.com on the due date.
(2) The customer may pay for the goods or services using the following payment methods:
– PayPal
(3) Certain payment methods may be excluded by the provider in individual cases.
(4) The customer is not permitted to pay for the goods or services by sending cash or cheques.
(5) If the customer chooses an online payment method, the customer thereby authorises the provider to collect the amounts due at the time of ordering.
§ 7 Limitation of liability (services)
(1) fussballprognosen.com accepts no responsibility for the content and accuracy of the information provided in customer data or other content generated by customers.
(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective customers involved. Therefore, fussballprognosen.com is not liable for the services of the participating customers. Accordingly, all matters relating to the relationship between the customers, including, without exception, the services received by a searcher or payments due to customers, must be addressed directly to the respective party. fussballprognosen.com cannot be held responsible for this and hereby expressly rejects all liability claims of any kind, including claims, services, direct or indirect damages of any kind, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, in any way whatsoever in connection with the aforementioned matters.
(3) Fussballprognosen.com shall only be liable for damages resulting from injury to life, limb or health if they are based on an intentional or negligent breach of duty by fussballprognosen.com or an intentional or negligent breach of duty by a legal representative or vicarious agent of fussballprognosen.com.
(4) For other damages, insofar as they are not based on the breach of cardinal obligations (such obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely), fussballprognosen.com shall only be liable if they are based on an intentional or grossly negligent breach of duty by fussballprognosen. com or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of fussballprognosen.com.
(5) Claims for damages are limited to the foreseeable damage typical for this type of contract. In the event of default, they shall not exceed 5% of the order value.
(6) Claims for damages based on injury to life, limb, health or freedom shall become time-barred after 30 years; otherwise after 1 year, whereby the limitation period shall commence at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the identity of the debtor, or should have become aware of them without gross negligence (§ 199 (1) BGB).
§ 8 Offsetting and right of retention
(1) The customer shall only be entitled to offset if the customer’s counterclaim has been legally established or has not been disputed by the provider.
(2) The customer may only exercise a right of retention if their counterclaim is based on the same contractual relationship.
§ 9 Retention of title
fussballprognosen.com retains ownership of the goods until full payment has been received.
§ 10 Limitation of liability (products)
(1) The provider is liable for claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations, as well as for other damages based on their intentional or grossly negligent breach of duty, or that of one of the provider’s legal representatives or vicarious agents.
(2) Essential contractual obligations are obligations whose fulfilment is necessary to achieve the objective of the contract.
(3) The provider is liable for breaches of essential contractual obligations based on foreseeable damage typical for this type of contract, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer based on injury to life, limb or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) Insofar as the liability of fussballprognosen.com is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 11 Cancellation policy
(1) If the customer is a consumer, they have a right of cancellation in accordance with the following provisions:
(2) Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the date of conclusion of the contract without giving reasons.
The cancellation period for services is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us:
fussballprognosen.com (email: info@fussballprognosen.com) of your decision to withdraw from this contract by means of a clear statement (e.g. email). You can use the sample withdrawal form attached below or send us another clear statement. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such a withdrawal.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
(3) Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you without delay and at the latest within 14 days of the day on which we receive notification of your revocation of this contract. 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 will you be charged for this refund.
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 up to the time you notify us of the exercise of the right of withdrawal in respect of this contract in comparison to the total scope of the services provided for in the contract.
(4) Exceptions to the right of withdrawal
The right of withdrawal does not apply or expires in the case of the following contracts:
– for services, if fussballprognosen.com has provided them in full and you have taken note of and expressly agreed before placing your order that we may begin providing the service and that you lose your right of withdrawal upon complete fulfilment of the contract.
§ 12 Exclusion of the right of withdrawal
(1) The right of withdrawal does not apply to contracts
– for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
________________________________
Sample withdrawal form
(If you wish to withdraw from the contract, please fill out this form and send it back.)
– To fussballprognosen.com, email address: info@fussballprognosen.com
– I/we (*) hereby withdraw from 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 consumer(s)_____________________
– Address of consumer(s)______________________
– Signature of consumer(s) (only for paper notifications)_____________________
– Date____________________
(*) Delete as appropriate.
You can download the form here.
§ 13 Data protection
(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) may be subject to security vulnerabilities. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability in this respect is excluded.
(3) Third parties are not authorised to use contact data for commercial activities unless the provider has given prior written consent to the persons concerned.
(4) You have the right to receive complete information from fussballprognosen.com about the data concerning you at any time and free of charge.
(5) Furthermore, the user has the right to rectification/deletion of data/restriction of processing.
(6) Further information on data protection can be found in the separate privacy policy.
§ 15 Personal data
The transmission of personal data on our website is subject to our privacy policy. Please read our privacy policy.
§ 16 Cookies
(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the website visitor’s Internet browser.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string that allows websites and servers to be assigned to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognised and identified via the unique cookie ID.
(3) The use of cookies enables us to provide users of this website with more user-friendly services that would not be possible without cookies.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterised by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognise your computer system on your next visit (so-called persistent cookies).
(5) You can object to the storage of cookies by clicking on a banner to which you can object/accept.
(6) Of course, you can set your browser so that no cookies are stored on your hard drive or cookies that have already been stored are deleted. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
§ 17 Errors, inaccuracies and omissions
Occasionally our site or service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or on any related website is incorrect at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify any information relating to the Service or on any related website, including, but not limited to, pricing information, except as required by law. Any update dates indicated with respect to the Service or on any related website should not be construed to indicate that all information with respect to the Service or on any related website has been changed or updated.
§ 18 Prohibited uses
In addition to any other prohibitions set out in the Terms and Conditions, you are prohibited from using the Website or its content for any of the following:
(a) for unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, state, provincial or federal regulations, rules, laws or local ordinances; (d) to interfere with or infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, libel, denigrate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to transmit false or misleading information; (g) to upload or transmit viruses or any other form of harmful code that in any way affects the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.
§ 19 Exclusion of liability; limitation of liability
We make no warranty, representation or guarantee that the use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
We do not guarantee or warrant that the use of our football predictions will always achieve the stated accuracy rates of up to 80%. By purchasing our predictions, you acknowledge that the actual hit rate may be lower than the stated values.
You agree that from time to time we may remove the service indefinitely or discontinue it at any time without notice to you.
You expressly agree that your use of or inability to use the Service is at your sole risk.
Because some countries or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
§ 20 Indemnities
You agree to indemnify, defend and hold fussballprognosen.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
§ 21 Place of jurisdiction and applicable law
(1) The law of the Federal Republic of Germany shall apply exclusively to differences of opinion and disputes arising from this contract, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
§ 22 Tools
We may provide you with access to third-party tools that we cannot monitor, control or influence.
You agree that we provide access to these tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We assume no liability whatsoever arising from or related to your use of additional third-party tools.
Any use of additional tools offered through the Website is at your own risk and discretion and you should ensure that you are familiar with and agree to the terms on which the tools are made available by the relevant third party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms and Conditions.
§ 23 Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms and Conditions are effective until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services or if you discontinue using our Website.
If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any provision of these Terms and Conditions, we may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or we will deny you access to our Services (or any part thereof).
§ 24 Final provisions
(1) The contract language is German.
(2) We do not offer any products or services for purchase by minors. If you are under 18, you may only use fussballprognosen.com with the assistance of a parent or legal guardian.
(3) If you breach these Terms and Conditions and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms and Conditions of Sale.
(4) We reserve the right to make changes to our website, rules and regulations, terms and conditions including these GTC at any time. Your order will be subject to the terms and conditions of sale, contract and GTC in force at the time of your order, unless a change to these terms and conditions is required by law or governmental order (in which case they will also apply to orders you have previously placed). It is your responsibility to check our website regularly for any changes. Your continued use of or access to our website or the Service following the posting of changes to these Terms and Conditions constitutes acceptance of those changes. If any provision of these Terms of Sale is held to be invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
§ 25 Severability clause
The invalidity of any provision of these General Terms and Conditions shall not affect the validity of the other provisions of the contract. Should this occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision. ,
Sources: Wonder Legal, Shopify