Revocation instruction according to the FAGG (“Fern- und Auswärtsgeschäfte-Gesetz”)
You have the right to withdraw from this contract within 14 days of the conclusion of the contract without giving any reason. In order to exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the sample withdrawal form for this.
The revocation must be sent to:
Sobudo Lifestyle & Education GmbH
When submitting your declaration of revocation, please ensure that you provide your e-mail address and your bank account details (only when purchasing by bank transfer). To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you cancel this contract, we have to repay all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
1. Validity of the terms and conditions
(1) The following General Terms and Conditions (GTC) apply to all legal transactions and legal relationships between Sobudo Lifestyle & Education GmbH (provider) and the user of the respective contract content described below (user or member).
(2) The provider expressly declares that it only wants to enter into contracts on the basis of these terms and conditions. Other terms and conditions, contract forms and conditions, especially those of the user, do not apply. Oral side agreements are not valid.
2. Products, content of the contract
(1) The provider offers the user a member’s area on the Sobudo Lifestyle & Education GmbH platform, based on the traditional Japanese Sobudo, individual online courses and online course packages on fitness, nutrition, mindset for strengthening the body, mind and Soul. Personal registration by the user by entering an email address and a personalized password is required and required for the use of these digital products in our member area. This gives you access to your personal member account. This personalized password is not known to us as the provider of the platform.
(2) The provider is free to design the content and is entitled at any time to change, restrict, expand or completely discontinue the platform and the associated services.
(3) The platform is not aimed at people in countries that prohibit the provision or access to the content posted on it. Each user is responsible for informing himself about any restrictions before accessing this website and for complying with them. In particular, users from such countries cannot assert any claims against the provider and must indemnify and hold harmless the provider for any third-party claims arising from the retrieval of the content of the platform.
(4) The information and data published on the platform have been created with great care. However, the provider does not accept any liability – either expressly or tacitly – for the correctness, completeness, reliability and topicality as well as for the personal applicability of the articles called up for the user.
(5) All contents and products of the provider, especially but not exclusively videos, contributions, texts, documents, articles and photos are the sole intellectual property of the provider and are subject to copyright protection.
(6) The provider will remove disruptions and impairments that not only negatively affect the use of the service as quickly as possible and will endeavor to remove insignificant impairments within a reasonable period of time. The provider will endeavor to keep the service accessible at all times. However, the user has no claim to the constant or any other specific availability and freedom from interference of the platform and the provider does not assume any liability in this regard.
3. Access data to the member account, usage and browser support
(1) For the duration of their membership, members acquire a simple, non-transferable authorization to use the content made available via the provider’s platform for their own purposes. The functions of the platform are only accessible in the context of a paid booking. By submitting the order on the website (according to point 4.1), the user submits a binding offer to conclude a contract.
(2) The members must treat their personal access data confidentially and protect them from access by unauthorized third parties. In particular, it is prohibited to pass on the access data to third parties without the consent of the provider. If a member becomes aware of the misuse of their access data or their unauthorized use by third parties, the provider must be informed immediately.
(3) The email address given during registration is used for communication with the provider and is decisive for all contract-related correspondence between the provider and the participant. The provider also sends the access data for the online courses and, if requested by the member, the newsletter to this e-mail address. Only one access authorization to the platform can be created with the same e-mail address. The access data for these webinars are not transferable.
(4) Members are expressly prohibited from any form of publication, duplication, commercial use and dissemination as well as making the contents of the provider publicly available.
(5) The members are advised that no ownership of the content is acquired by the members, but a right of use existing for the duration of the contract is transferred. The content is subject to applicable copyright law. Any copyright notice in a work may not be changed or removed.
(6) The member can find the specific services under Link to the course overview. The provider reserves the right to make minor adaptations for organizational or technical reasons. This does not result in an extraordinary right of termination.
(7) Members must provide the data required for registration in full and correctly. The member data can be edited at any time in the member’s profile. The provider cannot check the accuracy of the information and is only liable for incorrect or incomplete information once it is known. The provider will investigate any information about incorrect or incomplete membership data immediately. The provider is entitled, but not obliged, to check the member data and profile data.
(8) The member needs an active internet connection to use and access the online courses via internet stream as well as any download offered by the provider. In order to achieve smooth operability and the highest possible data security, we recommend that you use the latest version of the current Internet browser.
4. Order process and payment
(1) The provider gives users the opportunity to order various products for a fee on the platform. If a user would like to purchase a product offered, he clicks on the corresponding button (eg “Book now” or “Order now with obligation to pay”) and is forwarded to the payment provider. With the completion of the registration process, the approval of the validity of these general terms and conditions by the member and the activation of the member account by the provider, a user contract is concluded between the member and the provider.
(2) The provider reserves the right to change the conditions for the respective legal transaction at any time. The prices quoted include the Austrian sales tax, provided the user is resident in an EU member state. If the user is not based or habitually resident in the EU, the provider reserves the right to charge this user separately for sales tax in addition to the prices stated.
(3) For payment processing when purchasing our online courses in the subscription model, the provider offers the user the payment methods PayPal and credit card. The provider uses Stripe as a payment service provider for credit card payments.
(4) If the member does not meet his contractual payment obligations, access to the platform will be blocked. Likewise, the member can no longer use the other online services. As soon as the full amount has been paid, the member account will be reopened.
5. Contract duration and termination
(1) The contract for the use of the platform is concluded for an indefinite period and can be dated from. The fee for the use of the platform is debited monthly according to the payment method chosen by the customer (according to point 4.3).
(2) Cancellation of individual online courses, online course packages or the entire membership booked by the user is possible at any time. A termination must only be made online by the user in the personal user profile of the platform.
(3) After termination, access to the content made available ends on the last day of the calendar month within which the termination takes place.
(4) The right to extraordinary termination remains unaffected for both parties.
6. Blocking of accounts, exclusion of users
(1) In the event of specific indications of violations by a member of statutory provisions and the prohibitions set out in these terms and conditions (such as interfering with the rights of the provider), the provider can block the member’s access. In the event of serious violations, the provider can exclude a member from participating in the platform. When choosing the measure, the provider takes into account the legitimate interests of the member concerned, in particular the fact whether the member is to blame for the violation.
(2) If a member is excluded, there is no entitlement to restoration of the blocked member account. If a member has been blocked, this member may no longer use the provider’s service with other member accounts. It is also prohibited to re-register the blocked member under a new name.
(3) In the event that a member account is blocked, the member has the right to immediately terminate the user contract with the provider.
(4) The user is liable to the provider for any damage that the user has caused to the provider as a result of a breach of duty.
7. Liability, warranty
(1) The provider creates the content of its online courses to the best of its knowledge and belief, but cannot guarantee the occurrence of a particular training success or an effect expected by the user or member.
(2) The user or the member trains according to their own assessment or according to their respective state of health and therefore always at their own risk. The provider cannot be held liable for any injuries or impairments to health.
8. Data protection
(1) The user agrees that his personal data, namely name and email address, will be stored for the duration of the contractual relationship. The data processing takes place on the basis of the legal provisions of §96 Paragraph 3 TKG and Article 6 Paragraph 1 lit. a (your consent) and / or lit. b (necessary to fulfill the contract) of the GDPR.
(2) The user has the option of voluntarily adding to and expanding the profile data stored about him in his personal profile. In the user profile, which can be called up at any time via a link, the user can call up the data saved by him at any time and change or delete it.
9. Tracking and Cookies
10. Place of jurisdiction and applicable law
(1) For all disputes arising from or in connection with a contractual relationship that is subject to these General Terms and Conditions, Austrian law applies exclusively to the exclusion of the UN Sales Convention and to the exclusion of standards that lead to the application of law other than Austrian law. This provision does not limit the right of a consumer to invoke the protection of the mandatory provisions of the law applicable in the state of his habitual residence according to Art. 6 Para. 2 Rome I Regulation.
(2) The exclusive place of performance is Vienna, Austria. The courts responsible for Vienna, Inner City are agreed as the competent courts. This provision does not restrict the right of a consumer to bring an action against the provider before the court at which the consumer is domiciled in accordance with Article 18 (1) EuGVVO. This provision also does not change the provider’s obligation under Article 18 (2) EuGVVO to bring an action against the consumer from another EU member state before the court of the state in whose territory the consumer is domiciled.
(3) The European Commission provides a platform http://ec.europa.eu/consumers/odr/ for online dispute resolution (OS) ready.
11. Changes to the terms and conditions, final clause
(1) The provider reserves the right to change the terms and conditions at any time without giving reasons. The changed conditions will be sent to the members by email no later than four weeks before they come into force, highlighting the changed passages. The members are informed separately about the importance of the deadline and the legal consequences.
(2) The contract remains binding in its remaining parts even if individual points are legally ineffective. The parties undertake to agree on an effective provision that comes as close as possible to this provision in place of the ineffective provision (s).
(3) If a member does not object to the validity of the new terms and conditions within four weeks of receipt, the changed terms and conditions are deemed to have been accepted. Members are informed separately of the importance of the four-week period in the email containing the changed conditions.
(4) If a provision of these terms and conditions is or becomes ineffective, the remaining provisions shall remain unaffected.
Sobudo Lifestyle & Education GmbH