General Terms and Conditions for the download shop<br>www.move-ya.de/download-shop of the company
General Terms and Conditions for the download shop
www.move-ya.de/download-shop of the company
MOVE YA! Lifestyle Kontor GmbH
Managing Director: Anke Hauerwaas
HRB 90244 Amtsgericht [Local Court] of Hamburg
VAT ID No.: DE 235320130
The following general terms and conditions can be downloaded here as a PDF file and saved permanently.
§ 1 Preliminary remark/subject matter of the General Terms and Conditions
All offers, contracts and deliveries and services based on orders of our customers through our online shop www.move-ya.de/download-shop are subject to these General Terms and Conditions.
The offer in our online shop is equally aimed at consumers and contractors, in each case, however, only at end users, not at resellers. For the purposes of these General Terms and Conditions,
I. a "consumer" is each natural person who concludes a legal transaction for purposes that are mainly not associated with their commercial or independent professional activities (section 13 BGB [Bürgerliches Gesetzbuch, German Civil Code]); and
II. a "contractor" is a natural or legal person or a partnership with legal capacity acting in its commercial or independent professional capacity when concluding the contract (section 14 clause 1 BGB). It is pointed out that independent fitness trainers are contractors in the sense of section 14 clause 1 BGB even if they perform their trainer activity only part-time.
If different provisions apply to consumers and contractors under one of the clauses of these General Terms and Conditions, it shall be expressly stated in the respective clause which provisions apply to consumers and which provisions to contractors. Otherwise, the provisions shall equally apply to consumers and contractors.
The subject matter of our General Terms and Conditions is the sale of downloads of files with audio and audio-visual content. For the purposes of these General Terms and Conditions, the content offered for download is hereinafter referred to as "Articles". The contracts shall only come about subject to these General Terms and Conditions. Provisions agreed in individual contracts within the scope of the contractual relationship shall take precedence over the General Terms and Conditions.
If individual provisions are invalid, the remaining provisions shall remain effective. General terms and conditions of the customer shall not apply even if we do not specifically contradict their validity in the individual case.
Information on the alternative settlement of disputes:
The EU Commission provides an Internet platform for the online settlement of disputes (so-called "OS platform"). It is to allow for an extra-judicial settlement of disputes regarding contractual obligations under online purchase contracts or online contracts for services between a consumer resident in the EU and a contractor located in the EU. The OS platform is available under the following link:
Our e-mail address is: firstname.lastname@example.org.
We are not obliged and not prepared to participate in dispute settlement proceedings in front of a consumer arbitration board.
§ 2 Intended use of specially marked products
In our online shop, we offer some articles which for legal reasons may only be produced and sold for the professional use in fitness studios, sports schools, etc. All articles not marked as "exempted from GEMA charges" may only be used in the corresponding locations/rooms (e.g. classrooms) for the commercial use in teaching and therapy in the areas fitness, rehabilitation, prevention and similar sports courses that play or use accompanying music (in the background). MOVE YA! reserves the right to verify a corresponding employment of the customer as teacher/trainer by requesting corresponding proof. Any use of these products for private purposes and/or any purchase by consumers according to section 13 BGB for any other than the specified purposes is explicitly excluded. The purchase of articles not marked as "exempted from GEMA charges" does not release the purchaser and/or performer from the duty to ensure that the necessary fees for publicly playing the music are paid to GEMA.
§ 3 Registration, customer account and data storage
Prior to using the download shop, the customer has to register by submitting a name, a valid e-mail address and a password. It is necessary for implementation of the contract to provide a name and a valid e-mail address, so that MOVE YA! has knowledge of the person of the contractual partner and can send the customer an order confirmation along with a copy of the contract as well as, where applicable, further necessary information associated with the contractual relationship or an order. This information as well as all other information customer voluntarily adds to his customer account is stored by MOVE YA! to facilitate future orders. The customer can effect deletion of this information by requesting the deletion of individual pieces of information or of the entire customer account by e-mail (email@example.com); in this case, the information specified by the customer or, in case of deletion of the customer account, all stored information will be deleted as soon as MOVE YA! is no longer legally required to store such information.
The customer account allows access to all information entered by the customer and to all functions available to the customer, which can be managed and changed in this area, for example
• contact information such as the e-mail address or delivery and invoice address,
• provision of a VAT identification number,
• order/download overview including printable invoice as PDF file
• password management
• Newsletter management
§ 4 Prices
The download prices indicated next to the article at the time of placing the order are decisive. All prices are given including respective applicable statutory VAT. Not included in the prices are any online charges associated with the download a customer incurs with his Internet provider.
§ 5 Ordering process, payment conditions and conclusion of contract
All articles listed/shown on our website are non-binding offers subject to alterations. They are for information purposes only and do not constitute a binding offer in the legal sense.
The articles offered for download can be selected and placed in the virtual shopping basket by clicking on the button "Into basket".
By clicking on the button "Go to checkout", the customer can review all articles that were placed in the shopping basket and can continue the ordering process. Before completion of the ordering process, the customer is asked to provide his log-in details and to select a payment type.
Payments can be made via credit card or PayPal.
After the customer has selected a payment type, he submits a binding offer for purchase of the articles in the shopping basket by clicking on the button "Order and pay".
When selecting the payment type credit card, the customer is automatically redirected to the website of the payment services provider heidelpay via an iFrame after he submitted the order. Here, the customer can enter his credit card information and effect the payment.
When selecting the payment type PayPal, the customer is automatically redirected to the website of PayPal after he submitted the order. Here, the customer can then log in with his existing PayPal account or, where applicable, can register with PayPal as a new customer. After the customer has completed the steps set out by PayPal, MOVE YA! will be credited the corresponding amount.
If the customer selects the payment type "credit card" or "PayPal", a binding contract is already concluded at the time the customer submits his confirmation of the payment order to the respective payment services provider, without a separate acceptance declaration on the part of MOVE YA! being required.
Any retention of payment or set-off based on any counterclaims of the customer is excluded, with the exception of claims that were acknowledged in writing or legally determined.
§ 6 Confirmation of the contract, storage of the contractual text and contractual language
Within a reasonable period after contract conclusion, but at the latest upon delivery of the goods or before the beginning of rendering the service, we shall provide the customer with a confirmation of the contract which contains the contract content on a permanent data carrier (e.g. e-mail). This confirmation also contains the information specified in section 246 a EGBGB [Einführungsgesetz zum BGB, Introductory Act BGB], unless we have already provided the customer with this information on a permanent data carrier before contract conclusion, complying with our information duties according to section 312 d clause 1 BGB.
Every customer who is a consumer shall be entitled to revoke the offer according to the special cancellation policy (see section 10) which is also made available as part of the order on our website. We do, however, expressly point out the following cause for expiry; information which is also provided following the cancellation policy:
When acquiring articles through the download shop, the customer is concluding a contract regarding the delivery of digital content not stored on a physical data carrier. Under such contracts, the right of revocation expires once the company has started to implement the contract, after the consumer
1. expressly agreed to the company starting to implement the contract prior to expiry of the revocation period; and
2. confirmed to be aware that with his consent he loses his right of revocation with the start of implementation of the contract (section 356 clause 5 BGB).
The aforementioned consent and confirmation of acknowledgement of the loss of the right of revocation are requested from the customer as part of the ordering process and are recorded in the contract confirmation after conclusion of the contract.
After contract conclusion, we will not save the contractual text so that once the contract is concluded, it will not be available to the customer in the customer account.
The contractual language is German.
§ 7 Provision of the downloads and right of use
Immediately after conclusion of the contract, MOVE YA! will provide the customer with the download link for the purchased articles in the customer account. Via the customer account, the purchased articles can be downloaded a maximum number of three times and stored on the terminal of the customer.
MOVE YA! grants the customer a simple, irrevocable, non-transferable right of use regarding the purchased articles. The right is transferred upon completion of the download, but is subject to the condition precedent of payment of the full purchase price.
A further transfer of the rights to third parties is excluded.
§ 8 Mode of operation of the offered digital content and applicable technical protective measures as well as limitations of interoperability and compatibility with hardware and software
The articles offered for download are provided for download in accordance with the details set out in section 7 and in the data formats listed in the product description. The playing time is listed in the respective article description in the download shop.
If digital content has a special mode of operation, including applicable technical protective measures for such content, or if MOVE YA! is aware of any major limitations of interoperability and compatibility of the digital content with hardware and software, MOVE YA! will inform the customer thereof in the article description for the digital content in question. MOVE YA! assumes no liability for damage caused by incompatibility of the articles with software or hardware already installed by the customer.
MOVE YA! does not give any guarantees and does not assume any liability obligations regarding compatibility of the files offered for download with any software or hardware already installed by the customer, especially MP3 players.
§ 9 Liability for breaches of duty on the part of MOVE YA!
The customer shall only be entitled to claim damages in case of grossly negligent or deliberate breaches of duty on the part of MOVE YA!. This shall not apply to damage arising from injury to life, limb or health of a person and to any breaches of major contractual duties. Major contractual duties are any such that are indispensable for achieving the purpose of the contract and fulfilment of which the contractual partner can regularly rely on. In case of a violation of major contractual duties due to ordinary negligence, MOVE YA! shall only be responsible for the damage typically occurring under this form of contract. The above limitation of liability shall not apply in case of fraudulent concealment of a defect or if a guarantee has been given.
§ 10 Right of revocation
According to the following cancellation policy, consumers are entitled to a right of revocation.
Under "Exclusion or premature expiry of the right of revocation", the consumer is provided with information about cases in which the consumer cannot revoke his declaration of intent and under which circumstances the consumer loses an originally applicable right of revocation.
The following link leads to the so-called "Sample revocation form" for permanent saving, which, according to the cancellation policy, the consumer may, but does not have to use for exercising his right of revocation.
Cancellation policy for the delivery of digital content
Exclusion or premature expiry of the right of revocation
You lose an originally applicable right to revocation
regarding a contract for the delivery of digital content not stored on a physical data carrier if we have started to implement the contract after you
1. expressly agreed to us starting to implement the contract prior to expiry of the revocation period; and
2. have confirmed that you are aware that with your consent you lose your right of revocation with start of implementation of the contract.
§ 11 Place of performance and place of jurisdiction
If the customer is a company, a legal person under public law or a public separate estate, the place of business of MOVE YA! shall be the exclusive place of jurisdiction for any and all disputes arising directly or indirectly from the contractual relationship. Any and all obligations under the contractual relationship shall be fulfilled at the place of business of MOVE YA!.
Hamburg, on 07 September 2016