1 Basic provisions
1.1 The following terms and conditions apply to all contracts that you conclude with us as the portal operator (pferdia GmbH) via the website wehorse.com and are expressly recognized with the registration on the website or use of the services provided. Unless otherwise agreed, the inclusion of any own terms used by you is contradicted.
1.2. The consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity. The entrepreneur is any natural or legal person or a partnership with legal capacity, which acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
2 Object of use or contract
On this website, we operate an information portal on the subject of Equestrian education, which gives registered users the opportunity to view learning videos for a fee by means of a subscription.
3 Registration as a user
3.1 Registration as a user is required to view videos. This registration is free of charge and does not lead to any obligations. During registration, a user account will be set up under the user name and password you have chosen. You are obliged to provide truthful information during the registration process. Upon request, we will delete your transmitted data and the user account immediately.
3.2. After sending the registration, you will receive a confirmation link by e-mail to activate your account. The access data for the use of the Internet portal (login) must be kept secret. The user account is not transferable. The prerequisite for registration is that you have reached the age of 18. We do not conclude any contracts with minors.
4 Conclusion of the contract
4.1 As soon as you place your subscription offer on our website, we will make you a binding offer to conclude a contract under the conditions stated in the offer description.
4.2 The contract is concluded via the online ordering system as follows (login required): You can access our subscription offer via the "Pricing" button in the navigation bar of your user account. You can then select the desired subscription and enter the terms of payment. Finally, all order data is displayed here as an order overview. Before submitting your order, you have the option of checking all details again, changing them or canceling the order. By sending the order via the button "Payment confirmation" you declare the legally binding acceptance of the offer, whereby the contract is concluded.
4.3 The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be partially automated by e-mail. You must, therefore, ensure that the e-mail address you have provided us with is correct, that the receipt of the e-mails is technically ensured and in particular is not prevented by SPAM filters.
5 Provision of services
5.1 During the term of the subscription, all videos on our website will be made available to you for streaming at any time. “Streaming” means the simultaneous and unmodified use of our portal on your computer or other electronic devices with the transmission, where no permanent copy is made on your device.
5.2 The service provision (activation of the videos for streaming) takes place immediately after the time of your payment order. You will also be informed of the activation by e-mail.
5.3 You do not have a claim that all videos offered upon the conclusion of the subscription contract will be offered permanently on the portal. The same applies to videos that are added to our video offer during the term of the subscription contract. In this respect, we reserve the right to change or remove individual videos from the website at our own discretion and without prior notice. However, we undertake to make changes to our video offer only to a reasonable extent for you and taking your interests into account.
The videos offered as well as the texts, pictures, graphics, and logos on our website are protected by copyright. The use of the portal is permitted exclusively for your private and personal use. Any other use of the portal and its contents requires our express consent. In particular, you are prohibited from reproducing, modifying, publishing or making available to third parties in any private or commercial way the copyrighted works.
7 Contract term, termination
7.1 The subscription contract concluded between you and us has the agreed term. If the contract is not terminated by one of the parties 48 hours before the end of the contract at the latest, it is tacitly extended by the agreed basic term. However, if the basic term is more than one year, the contract will only be extended by one year. You can terminate the contract by clicking on the termination function under the "My Membership" button in your user account.
7.2 The right to termination without notices for good cause remains unaffected.
8 Special agreements on payment methods offered (SEPA direct debit)
SEPA direct debit (basic or company direct debit, only available in Germany): When paying by SEPA Direct Debit, you authorize us to debit the invoice amount from the specified account by issuing a corresponding SEPA mandate. The direct debit will be collected within 5 - 10 days after the conclusion of the contract. The period for the transmission of the pre-notification will be shortened to 5 days before the due date. You are obliged to ensure sufficient coverage of the account on the due date. In the event of a returned direct debit due to your fault, you shall bear the bank charges incurred. We reserve the right to exclude the SEPA direct debit payment method in individual cases.
9 Right of retention
You can only exercise a right of retention as far as it concerns claims from the same contractual relationship.
10.1 We shall in each case be liable without limitation for damages arising from injury to life, limb or health. Furthermore, we shall be liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of warranty for the quality of the object of purchase and in all other cases regulated by law.
10.2 Liability for defects within the scope of the statutory warranty shall be governed by the corresponding provision in our customer information (Part II).
10.3 As far as essential contractual obligations are concerned, our liability in case of slight negligence shall be limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations which result from the nature of the contract and the breach of which would endanger the achievement of the purpose of the contract as well as obligations which the contract imposes on us in accordance with its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and the observance of which you may regularly rely on.
10.4 In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty shall be excluded.
10.5 Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we are neither liable for the permanent nor uninterrupted availability of the website and the services offered there. In this context, we guarantee the annual average accessibility of our website of 99%. Excluded from this are times in which the server cannot be reached due to technical or other problems that are not within our sphere of influence (force majeure, fault of third parties, etc.).
10.6 We do not recommend imitating the contents and scenes depicted in the videos. Any imitation always takes place in your own responsibility and at your own risk. We do not assume any liability for damages resulting from this. In the videos, professionals in dealing with horses under controlled conditions and settings. If you decide to use or imitate the methods of work, training methods, treatments or other contents shown, you should first weigh the risk-taking into account your own skills, the character of the horse and other relevant aspects. wehorse will not take responsibility for actions taken by imitation the videos' content.
11 Choice of law, place of performance, place of jurisdiction
11.1 German law shall apply. In the case of consumers, this choice of law shall only apply as far as the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not thereby withdrawn (principle of favorability).
11.2 The place of performance for all services arising from business relations with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected by this.
11.3 The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
1 Identity of the portal operator
2 Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are carried out in accordance with § 4 of our General Terms and Conditions (Part I).
3 Contract language, contract text storage
3.1 The language of the contract shall be German or English.
3.2 The complete text of the contract shall not be stored by us. Before sending the order via the online ordering system, the contract data can be printed or electronically saved via the browser's print function. After receipt of the order by us, the order data, the legally prescribed information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
4 Essential features of the service offered
The essential features of the services offered can be found in the respective description of the offer and the supplementary information on our website.
5 Prices and payment modalities
5.1 The prices quoted in the respective offers represent total prices. They include all price components including all applicable taxes. The invoices are factored in EUR.
5.2 You have the following payment options unless otherwise stated in the online order process:
Further information on payment by SEPA Direct Debit can be found in the "Special agreements on payment methods offered" rule in our General Terms and Conditions (Part I).
5.3 Unless otherwise stated in the online order process, payment claims arising from the concluded contract are due immediately.
6 Legal liability for defects
The statutory liability for defects exists.
7 Contract term, termination
You will find information on the term of the contract as well as the conditions of termination in the regulation "Contract Term, Termination" in our General Terms and Conditions (Part I), as well as in the respective offer description.
IV. Right of withdrawal for consumers
(A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.)
1 Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period shall be fourteen days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must inform us (wehorse, c/o pferdia GmbH, Axel-Springer-Platz 3, 20355 Hamburg, email address: firstname.lastname@example.org) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
2 Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such a refund unless expressly agreed otherwise with you and in no event will you be charged for such a refund.
3 Reasons for extinction
The right of withdrawal expires in the case of a contract for the delivery of digital content not on a physical data carrier if the company, in this case, wehorse, has begun with the fulfillment of the contract, after the consumer: