Performance – Leistungsdiagnostik und Trainingsplan
Tel: +43 (0) 664 7503 9273
GENERAL TERMS AND CONDITIONS
1. Scope of application
2. Conclusion of contract, terms of payment
5. Duration of contract and termination
6. Applicable law, place of jurisdiction, contractual language
1. Scope of application
1.1 These terms and conditions of Dominik Landertinger Performance - Leistungsdiagnostik und Trainingsplan (hereinafter referred to as "Provider"), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Provider with regard to the services offered by the Provider. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed. For registered customers, these terms and conditions shall apply in the current version at the time the act of use is performed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity (§ 1 KSchG, Austrian Consumer Protection Act).
2. Conclusion of contract
2.1 The product descriptions contained on the website of the Provider do not constitute binding offers on the part of the Provider, but serve for the submission of a binding offer by the Customer.
2.2 The customer can submit the offer via the online contract form integrated on the website of the provider. In doing so, after entering his/her personal data and declaring that he/she is in a physically fit condition and submits to the World Anti-Doping Code, the customer makes a legally binding contractual offer with respect to the services selected by him/her by clicking the button that concludes the ordering process.
2.3 The Provider may accept the Customer's offer within two days by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive in this respect, or by requesting payment from the Customer after the Customer has placed his order. If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 Contact is usually established by e-mail. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller can be delivered.
2.5 The offer provided by the seller is intended for proper and unrestricted operation of the offer. However, the provider is not liable for the uninterrupted usability or accessibility of the offer; in particular, the provider is not liable for interruptions in usability or lack of accessibility, for example, due to technical failures, interruptions or delays.
Only personal, non-commercial use within the scope of the intended purpose of the offer is permitted. The user may therefore only retrieve, save and print the contents for personal use. Passing on to third parties is expressly prohibited.
2.6 Terms of payment
The prices quoted by the Provider are final prices and include the statutory value added tax. In the case of services in countries outside the European Union, further costs may be incurred in individual cases for which the Provider is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).
Various payment options are available to the customer, which are indicated in the seller's online shop. If payment in advance has been agreed, the invoice amount is due for payment immediately upon receipt of the invoice.
3.1 When registering, the customer must provide the data requested in the registration mask. There is no legal claim to registration. The Provider is entitled to refuse registration without giving reasons. The registered customer is obliged to notify the provider of any subsequent changes to his or her data.
The customer will be notified of the registration after clicking on the link contained in the confirmation e-mail on the corresponding confirmation page. After registration, the customer is entitled to take advantage of all those offers of the platform for which he has registered.
The customer warrants that all data provided by him during registration are true and complete.
3.2 Access information
The registered users are responsible for the confidential treatment of the access information given to them or chosen by them (in particular member name and password) and are responsible both to the provider and to third parties for their use. Each registered user is obliged to notify the Provider immediately in the event of unauthorised use of his or her member’s name or password.
3.3 Special conditions for the use of performance diagnostics:
In addition to his or her personal declaration regarding his or her physical fitness, the customer is obliged to submit a medical certificate for the maximum workload to the provider before using the performance diagnostics for the first time, which certificate must not be older than three weeks at the time of the first performance diagnostics. If the customer cannot provide such a certificate, the provider is entitled to withdraw from the contract. Furthermore, the Provider is entitled to terminate the cooperation with the Client immediately if the Client is accused of a violation of the World Anti-Doping Code.
3.4 Special conditions for professional athletes:
The present General Terms and Conditions also apply to those professional athletes with whom the Provider has concluded an individual support contract. In any case, the athlete must submit a medical certificate for the maximum workload to the provider before the start of the support. The provider reserves the right to request further medical certificates in case of need.
The provider is entitled to terminate the cooperation with the client immediately and without delay if the client is accused of a violation of the World Anti-Doping Code (positive A-sample).
4.1 General limitation of liability
The provider is only liable for damages caused by intentional or grossly negligent actions as well as for damages resulting from slightly negligent violations of such contractual obligations which make the proper execution of the contract possible in the first place and on the fulfilment of which the registered customer may therefore rely. In the latter case, liability is limited to the damage foreseeable at the time of conclusion of the contract. In the case of personal injury, liability is not limited.
4.2 Special limitation of liability
The provider is not liable for a special success of the customer. However, he is liable for the fact that the services offered correspond to the state of the art in sports science and performance diagnostics.
The provider is not liable for damages (such as injuries or damage to health including consequential damages) resulting from (intentionally or negligently) incorrect information provided by the client. The provider is not obliged to check the plausibility of the medical certificates. It is beyond the Provider's sphere of responsibility whether the Client undertakes the programs offered by the Provider in a physically fit condition. The customer is solely responsible for carrying out the training and for assessing whether his or her physical (and, if applicable, mental) fitness is sufficient for completing the training.
5. Duration and termination of the contract
5.1 The contract between the registered client and the provider for the training platform and performance diagnostics is concluded for an indefinite period.
5.2 Termination of the contract by registered customer Platform
The registered user of the training platform may terminate his membership at any time by sending an email to Dominik Landertinger - email@example.com - subject to a four-week notice period. After expiry of the notice period, the provider will delete the profile. Thereafter, the customer can no longer access his profile and the associated content.
5.3 Termination of the contract by the provider
The provider is entitled to terminate the contract immediately without notice if the customer violates the anti-doping rules (World Anti Doping Code of WADA for recreational athletes or WADC for professional athletes). In this case, the provider reserves the right to assert any claims for damages against the customer. The provider is also entitled to terminate the contract if the customer fails to meet his payment obligations and in the event of any other breach of the provisions of these General Terms and Conditions.
6. Applicable law, place of jurisdiction, contractual language, severability clause
Contracts concluded by the Provider on the basis of these General Terms and Conditions shall be governed exclusively by Austrian law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and Austrian international private law.
The place of jurisdiction for all disputes arising from this contract shall be the court with subject-matter jurisdiction for Fieberbrunn.
The contractual language is German, unless explicitly agreed otherwise in writing.
Should any provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the remaining provisions. Rather, in place of any invalid provision, a substitute provision corresponding or at least coming close to the purpose of the agreement shall apply as the parties would have agreed to achieve the original result if they had known of the invalidity of the provision. The same applies to incompleteness.