© 2021 From www.hardbody.club
2.1 Contracting parties and subject matter of the contract
2.2 Conditions for participation
In order to open a user account and use the HARDBODY CLUB Services, you must be at least 18 years of age and have full legal capacity. HARDBODY CLUB is intended exclusively for consumers. The legal definition of a consumer is any natural person who enters into a legal transaction for reasons that are neither commercial nor self-employed. The use of HARDBODY CLUB for commercial purposes of any kind is expressly prohibited.
2.3 Additional terms and conditions
We reserve the right to agree to additional terms and conditions for individual HARDBODY CLUB services. However, we will inform you about it in time before using it.
3. services and prices of HARDBODY CLUB
3.1 Free or chargeable services
The scope of the services included in the HARDBODY CLUB and HARDBODY CLUB Services that are available for your use depends on the type of HARDBODY CLUB Service and whether you use the HARDBODY CLUB Services for free or for a fee. If you use the HARDBODY CLUB services free of charge, you will only have access to certain basic functions and information of the respective HARDBODY CLUB service. A more extensive range of functions is available to you if you separately activate the respective content modules (e.g. of a membership) for a one-time payment or as part of a subscription for the respective HARDBODY CLUB service.
Please note that certain equipment and training devices (e.g. a gym, dumbbells or a pull-up bar) may be required for the full use of some of the HARDBODY CLUB services. These are not part of the HARDBODY CLUB service and must be provided or purchased separately by you at your own expense.
Information on the respective current price and subscription models and the associated services can be found on the HARDBODY CLUB website. All prices quoted are inclusive of the applicable value added tax.
4. your health
Use of the HARDBODY CLUB services is at your own risk.
In any case, the condition for using the HARDBODY CLUB services is that you are in a healthy general condition. If you are aware of any pre-existing medical conditions, we strongly recommend that you consult a physician before beginning HARDBODY CLUB services (e.g., workouts or exercise programs). This is especially true if you are aware of one or more of the following medical conditions/conditions/illnesses: (i) cardiovascular disease, (ii) pulmonary or respiratory disease (including asthma), (iii), spinal and/or joint problems, (iv) neuromuscular disease, (v) surgical procedures, (vi) any other health problems.
In addition, our athletes should take care that pregnant women and nursing mothers do not perform the training and coaching sessions we offer.
The following general rules apply: Listen to what your body is telling you. Before using the HARDBODY CLUB service for the first time or during the use of HARDBODY CLUB service, if you have any doubts about your health (for example, because you have significant pain, a general feeling of discomfort, shortness of breath, nausea, or dizziness), consult your physician before starting or continuing the HARDBODY CLUB service.
4.2 Not a substitute for medical advice
The services and information provided by HARDBODY CLUB and the HARDBODY CLUB Service do not constitute medical advice or medical consultation. Nor are they a substitute for medical examination or treatment by a physician.
4.3 Training/Diet Methods
Fitness and/or nutrition advice is subject to constantly evolving knowledge regarding health sciences, nutritional sciences and sports sciences. Although we base our training and nutrition advice on current studies and findings, we cannot guarantee that it reflects the latest research or findings.
5 User Account
5.1 Registration Process
Alternatively, you can open a user account by using your Facebook or Google + account. The registration process is complete once you have entered your Facebook account or Google + account information and clicked the "Confirm" button.
All users who have made the purchase transaction through www.digistore24.com must choose to register and open an account with your email address. This is the only way to ensure access to the paid content.
6. conclusion of a contract
How the respective contract is concluded depends on how you register for the HARDBODY CLUB service for the first time and whether you register for additional paid services.
6.1 Conclusion of contract for one-time fee-based additional services or subscriptions
You can purchase individual additional services either for a one-time fee or as part of a subscription. The contract is concluded when you click on the "Buy now" or similar field during a purchase transaction and, if applicable, enter your password. In the case of a purchase transaction made through www.digistore24.com, the respective terms and conditions regulated by www.digistore24.com shall also apply.
7. period of validity
7.1 User contract
The contract of use concluded between you and us after the registration of your account is valid for an indefinite period of time.
7.2 One-time additional services
One-time additional services can be offered for a certain period of time. They then end automatically at the end of the term without having to be cancelled.
Our subscriptions are offered with different minimum validity terms and are automatically renewed for the same minimum validity.
The subscription will be valid until terminated by either party.
To avoid misunderstandings, please note that the term of a Subscription is calculated in calendar days and is independent of Your usage or the extent of Your usage of the respective Hardbody club Service.
If the subscription is taken out via our website, it can be cancelled via our website under the applicable terms and conditions.
8. terms of payment
8.1 Collection of fees
Fees are collected upon conclusion of the contract for the purchase of additional services by payment of a one-time amount. The fee shall be charged for the respective minimum term upon conclusion of the contract for the purchase of a subscription. If the subscription is automatically renewed, the fee shall be collected in advance at the beginning of the respective renewal period.
8.2 Default of payment
The right to assert further claims due to late payments is reserved.
9. payment methods
If you purchase HARDBODY CLUB service for a fee, the respective app store supplier will invoice you. Please contact this supplier to find out what payment options are available.
10. right of revocation
10.1 Cancellation policy
If you have concluded a contract for the use of HARDBODY CLUB or purchased a one-time additional service or subscription, you have the right to the following right of withdrawal in any case.
You have the right to cancel the contract within 14 days without giving any reason. The cancellation period is 14 days from the effective date of the contract.
The right of withdrawal expires if the seminar/service has been provided in full before the end of the withdrawal period. The customer automatically agrees to this condition with the purchase.
11 Liability for defects
11.1 Legal provisions
The statutory provisions shall apply to claims for defective performance. Your consumer rights shall remain unaffected in any case.
11.2 Disclaimer of Warranties
We make no representations or warranties that use of the HARDBODY CLUB Services will produce the workout or other result you intend. We do not promise any specific success. Also, actual training results depend on factors that cannot be influenced, such as physical disposition and prerequisites. Therefore, results may vary greatly between individuals despite the same use of HARDBODY CLUB services.
To the extent that guidelines or instructions are provided to you in connection with the HARDBODY CLUB Services, it is essential that you follow them. Otherwise, you risk being injured and your general health.
To the extent that you use equipment or exercise tools, it is your responsibility to ensure that such equipment and tools are in good working order and are properly installed and/or set up.
You must observe and comply with our safety instructions in clause 4.
12.2 Liability for services provided free of charge
For services rendered free of charge, we shall be liable, irrespective of the legal grounds, exclusively for damages based on intent or gross negligence or the absence of a guaranteed characteristic. Our liability is not limited to intentional misconduct. In the event of gross negligence or the absence of a guaranteed characteristic, our liability shall be limited to reasonable, foreseeable damages. In all other respects our liability is excluded.
12.3 Liability for services rendered against payment
In the case of services rendered against payment, we shall be liable without limitation, irrespective of the legal grounds, for damage caused by intent or gross negligence or the absence of a guaranteed characteristic.
If we violate an essential contractual obligation due to slight negligence, our liability shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is any obligation that is necessary for the fulfillment of the purpose of the contract and on the fulfillment of which you as a consumer can or should rely.
Our liability in the event of culpable injury to life, limb or health shall remain unaffected by the aforementioned limitations.
In all other respects our liability is excluded.
12.4 Liability of our employees
Insofar as our liability is excluded or limited, this exclusion or limitation shall also apply to our employees and representatives.
12.5 Product liability
Claims under the Product Liability Act shall remain unaffected by the aforementioned exclusions or limitations of liability.
13. rights of use of HARDBODY CLUB content
Depending on which services have been activated for you or which services you have purchased, the services and content offered by us may contain content that is protected by copyright or other laws. We own the rights to such content. We grant you a non-exclusive and non-transferable right to use this content in a non-commercial manner within the scope of the contractual provisions. For clarification purposes only, we point out that in particular the distribution or public accessibility of our content, e.g. on websites other than the HARDBODY CLUB websites, is not permitted. The right of use expires when your access to the respective service is no longer activated (e.g. after you have cancelled your subscription) or when your user contract ends.
14 Responsibility for user-generated content
14.1 Disclaimer for third party content
You are solely responsible for content that you post within the HARDBODY CLUB Service. We assume no responsibility for this content and do not monitor it.
14.2 Compliance with legal provisions
When providing your own content, you are required to comply with all applicable laws and other laws of the Federal Republic of Germany. Regardless of whether it is a criminal offense or not, it is prohibited to offer pornographic, sexual, violent, racist, inflammatory, discriminatory, insulting and/or defamatory content.
Furthermore, you are also obligated not to violate the rights of third parties. This applies in particular to personal rights of third parties as well as intellectual property rights of third parties (such as copyrights and trademark rights). In particular, you must also own the necessary rights to your profile picture or other pictures published by you.
We are entitled to delete or remove any illegal content or content that violates the above principles at any time. If you violate the above principles, we are entitled to warn you or temporarily block your user account or terminate the user agreement for cause in accordance with section 15.3.
If you violate the principles set forth in Section 14.2 and this is your fault (i.e. because you acted either negligently or intentionally), you are obligated to indemnify us against all claims of third parties arising from such violation. We reserve the right to assert claims for damages and other claims.
15 Termination of the contract
15.1 User contract
You have the right to terminate your user account at any time and without giving reasons and thus also to terminate your user contract. To do this, you only need to make the necessary settings in your profile. Please note that once you cancel your user account, we will or may delete all content and training results you have added and you will no longer have access to content you have already purchased. If you still have a current subscription or have booked an additional service that has not expired at the time your account is deleted, any amount already paid will not be refunded, even on a pro-rata basis.
Subscriptions purchased through our website must be cancelled through our website www.hardbody.club. Your account and all other subscriptions will remain valid even after your subscription has been cancelled.
Your user account and all other subscriptions will remain in effect after your subscription is cancelled.
For further questions, please contact our support.
15.3 Termination for cause
16. personal data
18. final provisions
18.1 Applicable law
The relations between the parties shall be governed exclusively by German law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). In business transactions with consumers within the European Union, the law of the consumer's domicile may also apply if this law contains consumer law provisions that are mandatory.
18.2 Place of jurisdiction
18.3 Contract language
The valid contractual language is German.
18.4 Severability clause
19. information about the supplier
Address of the company: PUMPMOVE UG (haftungsbeschränkt), Wittenbergstraße 2, 70186 Stuttgart, Germany
Managing director: Pavlos Mitrou
Registered at the local court of Stuttgart
Tax ID: DE31416342525
20. possibility to save and check the contract language
These general terms and conditions can be viewed by you at