OROHA GmbH & Co KG, Bechtrup 63a, 58348 Lüdinghausen
§ 1 General information
- The following general terms and conditions of business and use (“GTC“) apply between OROHA GmbH & Co KG, Bechtrup 63a, 58348 Lüdinghausen (“OROHA”) and its Customers, regardless of whether they are consumers within the meaning of Section 13 of the German Civil Code (BGB) or entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (“Customers“), in particular for the use of and registration on the websites online-reitschule.de and www.online-horse-academy.com (“Websites“) and for all contracts concluded via these Websites, as well as for all other business relationships between OROHA and the Customers.
- Amendments to the General Terms and Conditions, which are communicated to the Customer at least in text form, shall become valid if the Customer does not object within six (6) weeks. The notification shall also contain a reference to this right of objection. If the Customer objects, OROHA is then entitled to terminate the contract within one (1) month. The objection must at least be in text form.
- Subject to sentence 3, these GTC shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the Customer shall not apply unless they are accepted by OROHA in writing. Individual agreements made in individual cases between OROHA and the Customer (including collateral agreements, supplements and amendments) shall in any case take precedence over these GTC.
§ 2 Object of the services of OROHA
- OROHA operates an online platform around the topic of horses (“Platform“). On the platform, the Customer can make use of various services, some of which are subject to a fee. For example, the Customer can
- use the member area of the platform after registration,
- access educational and short videos (“Training Videos“),
- participate in webinars and live seminars (“Training Courses“),
- purchase products, for example riding accessories or vouchers (“Products“).
- The details of the services are set out in the individual agreement between OROHA and the Customer, which are also summarized in the confirmation e-mail (see 7 paragraph (1)).
- The Customer’s access to the Internet and the functionality of the Internet access are not part of the services provided by OROHA.
§ 3 Registration; user account
- The Customer can register on the Platform and create a user account. For this purpose, the Customer must enter a user name and a user password (“Access Data“). After successful registration, the Customer has his own personalised access to the Platform via the Internet.
- OROHA will send the Customer a confirmation link to activate the user account by e-mail after initial registration. The account can be deleted at any time at the Customer’s request.
- Creating a user account is free of charge for the Customer. OROHA owes no further success beyond the mere provision of access to the member area of the Platform. OROHA reserves the right at any time to maintain the Platform as a whole or in part, add/remove functions, redesign, deactivate and/or carry out updates or upgrades.
§ 4 Training Videos
- If the customer chooses to access Training Videos, OROHA makes them available to the Customer via the Internet. The Customer can stream them by using internet-capable televisions, computers and other devices. OROHA does not provide the Customer with permanent copies of the videos. The Customer can choose whether to retrieve individual Training Videos (“Individual Retrieval“) or access the Training Videos in the form of a subscription (“Subscription“).
- If the Customer decides on Individual Retrieval, OROHA will provide the Customer with the Training Video selected by the Customer for retrieval via the Internet. Prior registration is not required for Individual Retrieval.
- In order to be able to subscribe to instructional videos, the Customer must first have registered on the Platform. If the Customer decides to subscribe, OROHA will provide the Customer with access to all the Training Videos currently available on the Platform for the agreed period. OROHA reserves the right to add new Training Videos to the Platform as well as to delete existing ones. The Customer has no right to OROHA keeping all Training Videos permanently available on the Platform for retrieval.
- Insofar as the parties do not make any concrete stipulations regarding the content of the Training Videos, OROHA is free to design the content and presentation of the Training Videos and will carry them out at its own professional discretion.
- Beyond the mere provision of access to the Training Videos, OROHA does not owe any particular success, in particular OROHA neither warrants that the Training Videos are suitable for every Customer, nor that a particular (training) success will be achieved by Customer.
§ 5 Training Courses
- If the Customer books Training Courses, OROHA will provide the Customer with access via the Internet for the purpose of participating in the Training Courses on the agreed date (“Date“). OROHA reserves the right to make the Training Courses available to the Customer for access via the Internet for a certain period of time after the Date.
- Insofar as the parties do not make any concrete agreements on the content of the Training Courses, OROHA is free to design the content and presentation of the Training Courses and will conduct them at its own professional discretion.
- OROHA does not owe any particular success beyond the mere provision of access to and implementation of the Training Courses. In particular, OROHA does not guarantee that the Training Courses are suitable for every Customer, nor does it guarantee that a particular (training) success will be achieved by Customer.
- OROHA may, at its own discretion or in agreement with the Customer, provide the Customer with training materials, for example text files (“Training Materials“). The Customer has no right to be provided with specific Training Material. Without special agreement with the Customer, OROHA is not obligated to keep or make Training Materials available to the Customer after the access time has expired.
§ 6 Products
- The Customer may purchase the Products presented, e.g. riding accessories and vouchers, via the Platform.
- If the Customer wishes to purchase Products, he/she can select them on the Platform. Depending on the Product, OROHA may redirect the Customer to third-party websites where the Customer can purchase the selected product (“Affiliate Link“). Such Affiliate Links refer to offers of third parties; OROHA is not responsible for these and these GTCs do not apply for such offers of third parties.
- If the Customer clicks on an Affiliate Link, a cookie is set in the Customer’s browser.
§ 7 Conclusion of contract; confirmation e-mail
- The Customer can select Training Videos, Training Courses and Products on the Platform. If he/she wishes to have access to Training Videos or participate in Training Courses or purchase Products, he/she can select these and place the corresponding order by clicking on the button “order subject to payment”. Until the order is sent, the Customer can view and change the data at any time or cancel the order. Before sending the order, the Customer must accept these GTC by ticking a box. After OROHA has received an order from the Customer, OROHA will send the Customer an e-mail confirming receipt of the order by OROHA and listing its details (“Order Confirmation“).
- Contracts are concluded as follows:
- If the Customer orders Training Videos, the contract is already concluded upon receipt of the Order Confirmation; OROHA expressly advises the Customer in the order confirmation hereon.
- If the Customer books Training Courses or orders Products, except via Affiliate Links, the Customer’s order constitutes an offer to OROHA to conclude a contract. The Order Confirmation does not represent an acceptance of the Customer’s offer, but is merely intended to inform the Customer that the order has been duly received by OROHA. The Customer is bound to his order for a period of two (2) weeks after placing the order. Acceptance of the offer is made either by means of an express declaration of acceptance by OROHA or the provision of the access data for the ordered Training Course or the delivery of the Product, respectively. OROHA reserves the right to cancel dates for Training Courses in whole or in part, in particular if the number of participants is too low or if the course instructor responsible for the Training Course is prevented from attending. The Customers will receive a credit note for the amount paid, which can be applied to the entire OROHA offer. Cash payments or remittances are possible upon request. Cancellation is usually made at least three (3) days before the date.
§ 8 Prices; payment terms; delay
- The prices stated on the Platform at the time of the order shall apply. All prices are inclusive of applicable taxes.
- If shipping costs are incurred, these will be indicated to the Customer in the order and are to be borne by the Customer.
- The Customer may choose a means of payment during the ordering process, whereby the means of payment may vary depending on the service selected. Klarna invoice purchase is only possible in the following countries: Germany, austria, Finnland, Netherlands and Belgium. The Klarna installment purchase is only possible in the countries Germany, Austria and Finland.
- OROHA will send an invoice to the Customer after conclusion of the contract, preferably by e-mail to the e-mail address provided by the Customer. In the case of subscriptions, OROHA will send the Customer a new invoice each time the subscription is renewed.
- The prices for the Training Videos on Individual Retrieval are due immediately and without deduction upon conclusion of the contract. If a subscription is agreed upon, the payment is due in advance; this also applies in the event that the subscription is extended. After payment for a subscription, OROHA will activate the Training Videos for the Customer. OROHA will inform the Customer of this by e-mail to the e-mail address provided by the Customer.
- The prices for the Training Courses are due upon receipt of the invoice by the Customer.
- If the Customer is in default of payment, the Customer is obliged to pay default interest to OROHA in the amount of five (5) percentage points above the respective base interest rate, in case the Customer is a consumer. If the Customer is an entrepreneur, sentence 1 shall apply with the proviso that the default interest shall be nine (9) percentage points above the respective base rate. Irrespective of sentences 1 and 2, OROHA may prove higher default damages as well as other damages.
§ 9 Rights of use
- OROHA grants registered Customers the non-exclusive (simple), non-transferable, non-sublicensable, geographically unrestricted right to use the Platform in accordance with these provisions of these TGC for the duration of the user account.
- If the Customer orders Training Videos, OROHA grants the Customer the non-exclusive (simple), non-transferable, non-sublicensable, geographically unrestricted right, limited in time to the term specified in the respective contract, to access the Training Videos wirelessly or wired via the Internet.
- If the Customer books Training Courses, OROHA grants the Customer the non-exclusive (simple), non-transferable, non-sublicensable, geographically unlimited right, limited in time to the term specified in the respective contract, to participate in the Training Courses wirelessly or wired via the Internet.
- The rights of use according to paragraphs (1) to (3) each include in particular the right to access the files made available wirelessly or by wire via the Internet.
- The rights of use granted under paragraphs (1) to (3) above do not include the right to distribute the Platform, including the Training Videos, Training Courses and/or Course Materials, to publicly reproduce, make publicly accessible or duplicate the Platform, whether by wire or wirelessly, unless this duplication is necessary for the intended use of the Platform, the Training Videos, Training Courses and/or Training Material. Furthermore, the above right of use does not include the right to translate, edit, rearrange or otherwise modify the Platform, Training Videos, Training Courses and/or Training Materials, nor does it include the right to make them available to third parties, whether for payment or free of charge. The Customer is not entitled to transfer, sell, rent, lease, lend, pledge or give away his rights of use.
- The granting of the above rights of use is subject to the proviso that the Customer has met his payment obligations without restriction.
- The Customer is only entitled to decompile the Platform if this is legally permissible and he has previously asked OROHA at least in text form to provide him with the necessary information, but OROHA has refused to do so.
§ 10 Obligations of the Customer
- The Customer shall support OROHA to a reasonable extent in the performance of OROHA’s services. In particular, the Customer is obligated to provide all information necessary for OROHA to perform its services properly in a timely, truthful and complete manner.
- The Customer must keep the Access Data secret. The Customer must ensure by means of suitable security measures that third parties cannot gain access to his/her Access Data. The Customer shall refrain from making his/her Access Data available to third parties, regardless of whether this is done free of charge or against payment.
- The Customer has to protect the copyrights and rights of use of ORAHA in the context of the use of the Platform.
- The Customer must refrain from storing, managing and/or making available illegal content on the Platform.
- The Customer must notify OROHA in writing if there is a risk of particular risks, atypical damage possibilities and/or unusual amounts of damage in the event of loss of the data stored in his user account.
- If the Customer fails to perform necessary cooperative actions in accordance with the contract, OROHA will immediately notify the Customer of this and of any adverse consequences that may result. OROHA shall not be responsible for any disruptions in performance resulting from the delay in cooperative actions. OROHA is entitled to charge the Customer for the additional expenses incurred by delayed or unperformed cooperative actions.
- The Customer undertakes to observe the following rules of conduct on the Platform:
|Rules of conduct|
|The Customer shall|
|– maintain a friendly and appropriate tone in dealing with the trainers and other users of the Platform|
|– use the Platform exclusively for their own personal use,|
|– use up-to-date virus protection when using the Platform.|
|The Customer Shall refrain from|
|– uploading, storing and/or making available with his/her access to the Platform contents which violate public order, morality or the rights of third parties, in particular the Customer may not distribute the following:|
|§ child pornography, pornographic, defamatory, insulting, racist, obscene, indecent, shocking, violent, xenophobic or revisionist content|
|§ hate comments or other illegal content,|
|§ content that violates the reputation of a third party,|
|§ content that is false or misleading or that suggests or promotes illegal, fraudulent or misleading activities,|
|– hacking the Platform,|
|– reverse-engineering the Platform or modify it in any other way,|
|– bypassing the security and authentication systems of the Platform,|
|– uploading viruses, Trojans and other malware onto the Platform,|
|– assisting or incite third parties in any way whatsoever to one or more of the acts and activities described above.|
§ 11 Duration and termination
- The subscription has the duration individually agreed between OROHA and the Customer.
- If a monthly subscription is not cancelled by one of the parties by the end of the term at the latest, it is automatically extended by the respective agreed basic term. If an annual subscription is not cancelled by one of the parties at least one month before the end of the contract, it is automatically renewed for a further year at a time.
- Each party has the right to terminate the subscription for good cause. A good cause entitling OROHA to terminate the subscription is deemed to exist in particular if the Customer
- enables third parties to access the Training Videos and fails to do so within a reasonable period of time after a warning from OROHA,
- the Customer does not fulfill his payment obligation, although it is due and OROHA has unsuccessfully requested him to pay within a reasonable period of time,
- the Customer defaults on his payment obligations in the amount of at least two monthly payments.
- An effective termination requires at least the text form.
- In the event of termination without notice, OROHA is entitled to immediately block the Customer’s access to the Training Videos.
- In the case of contracts for Products, OROHA is entitled to rescind the contract in addition to its statutory rights of rescission if the Customer does not fulfill his/her payment obligation although it is due and OROHA has unsuccessfully requested him to pay within a reasonable period of time.
- If the Customer violates the rules of conduct set out in these GTC, OROHA is entitled at its own discretion to delete, deactivate or restrict the Customer’s user account.
§ 12 Warranty
- Subject to the following provisions, OROHA’s warranty is governed by the statutory provisions.
- Regarding access to the Platform:
- OROHA’s warranty is limited to defects that
- were fraudulently concealed (Section 600 of the German Civil Code – BGB),
- have caused injury to life, body or health, or
- have been committed intentionally or with gross negligence.
- The Platform has the following features:
- The Platform is not available at all times.
- The Platform or the information transmitted to or from it or stored on it is not protected against unexpected unauthorised access.
- Information stored in the user account by Customers may no longer be retrievable or usable due to an unexpected event.
- Some or all of the functions of the Platform may contain errors that may interfere with daily use of the Platform.
- Regarding Training Videos and Training Courses:
- Subject to 13, warranty rights of the Customer are excluded,
- insofar as a defect is caused by the hardware and/or software of a third party with which the Customer uses the Platform; OROHA shall have the burden of proof for this,
- a defect is caused by the Customer due to handling that is not in accordance with the contractual use of the Training Videos/Training Courses
- If the contractual use of the Training Videos/Training Courses is impaired by third party property rights through no fault of OROHA, OROHA is entitled to refuse access to the Training Videos/Training Courses affected by this. OROHA will inform the Customer immediately and provide him/her with access to the Training Videos/Training Courses in a suitable manner. In this case, the Customer is not obligated to pay the fee for this. Other claims or rights of the Customer remain unaffected.
- Subject to 13, warranty rights of the Customer are excluded,
- Regarding Products:
- The limitation period for claims arising from liability for material defects is twelve (12) months if the Customer is an entrepreneur.
- If the Customer is an entrepreneur, he/she must inspect the Products for any defects immediately after receipt. If the Customer is an entrepreneur, he/she shall notify OROHA of any defects immediately, at least in text form.
- The Customer shall notify OROHA of any defects at least in text form and describe the defect and the (alleged) cause of the defect as far as possible.
- OROHA’s warranty is limited to defects that
§ 13 Liability
- Unless otherwise provided for in these GTC including the following provisions, OROHA shall be liable for any breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
- OROHA’s liability towards the Customer is unlimited:
- in the event of a grossly negligent or intentional breach of duty,
- in the event of injury to life, limb or health,
- according to the regulations of the product liability law,
- to the extent of a guarantee assumed,
- in case of fraudulent concealment of a defect.Otherwise, OROHA’s liability is limited or excluded in accordance with the following provisions.
- Strict liability according to Section 536a para. 1 of the German Civil Code (BGB) is excluded if the defect was already present at the time of contract conclusion, unless OROHA has fraudulently concealed the defect.
- In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (these are obligations whose breach would frustrate or endanger the achievement of the purpose of the contract or the agreed use of the service), the liability of OROHA is limited to the amount that was foreseeable and typical for OROHA at the time of the respective service.
- The above limitations of liability also apply to the personal liability of OROHA’s employees, representatives and vicarious agents.
- The Customer is obligated to indemnify OROHA from any costs (e.g. damages, court and attorney’s fees) that OROHA has to bear due to violations of rights or breaches of these GTC that the Customer has culpably committed.
- Any imitation of the contents shown in the Training Videos is always at the Customer’s own responsibility and risk. The contents presented in the Training Videos should only be imitated with due consideration of the horse’s own ability and skills.
§ 14 Data protection
Information on how OROHA handles the Customer’s data when the Customer places an order or makes a booking and what rights the Customer has in this regard can be found in the applicable data protection declaration.
§ 15 Right of withdrawal
- If the Customer is a consumer, he/she is entitled to a statutory right of revocation.
- In the following, OROHA will inform the Customer who is a consumer about the right of withdrawal in accordance with the statutory model. In paragraph (3) there is a sample revocation form.
|Right of revocation|
|You have the right to revoke this contract within fourteen (14) days without giving reasons.|
|The cancellation period is fourteen (14) days from the day of the conclusion of the contract in the case of ordering Training Videos and booking Training Courses or in the case of purchasing Products from the day on which you or a third party designated by you, who is not the carrier, have taken or has taken possession of the goods.|
|In order to exercise your right of revocation, you must inform us, OROHA GmbH & Co KG, Bechtrup 63a, 58348 Lüdinghausen, phone: +49 (0)175 96 09 006, e-mail: firstname.lastname@example.org, by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.|
|In order to comply with the cancellation period, it is sufficient to send the notification of the exercise of the right of cancellation before the end of the cancellation period.|
|Consequences of revocation|
|If you revoke from the agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen (14) days from the date on which we receive notice of your revocation from the agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. In the case of a purchase of Products, we may refuse to make a refund until we have received the Goods back or until you have provided proof that you have returned the Goods, whichever is earlier.|
|You must return or hand over the Products to us without delay and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of the agreement. This period is deemed to have been observed if you send the goods before the expiry of the fourteen (14)-day period. You shall bear the direct costs of returning the Products.|
|If you have requested that the provision of the Training Videos or the provision of the Training Courses should commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation in respect of the agreement compared to the total amount of services provided for in the agreement.|
3. The Customer may use the following revocation form:
|Model for the revocation form|
|(If you want to cancel the agreement, please fill in this form and send it back).|
|– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)|
|– Ordered on (*)/received on (*)|
|– Name of the consumer(s)|
|– Address of the consumer(s)|
|– Signature of the consumer(s) (only in the case of communication on paper)|
(*) Delete as appropriate.
4. The reversal is carried out as described below:
- OROHA will inform the Customer by e-mail about the receipt of his/her declaration of revocation.
- In the event of revocation, OROHA shall, subject to sentence 3, reimburse the Customer for the corresponding payments which OROHA has received from the Customer without delay and at the latest within fourteen (14) days of receipt of the notice of revocation by OROHA. The refund shall be made by the same means of payment as the Customer used to pay for the original transaction, unless otherwise expressly agreed with the Customer; OROHA does not charge any additional fee for this. If the Customer has already requested the provision of the Training Videos or Training Courses during the cancellation period, OROHA reserves the right to charge or retain a reasonable amount for the provision of the Training Videos or Training Courses already provided. The reasonable amount is based on the proportion of the services already provided by the time the Customer informs OROHA of the exercise of the right of revocation with regard to this contract compared to the total scope of the services provided in the agreement.
- OROHA will block the Customer’s access to the Training Videos or Training Courses after receipt of the declaration of revocation.
§ 16 Force majeure
Force majeure at OROHA or at its contractual partners, e.g., due to riots, strikes, lockouts, epidemics, which temporarily prevent OROHA from providing its services on the agreed date or within the agreed period or from remedying defects in its services through no fault of its own, such as lack of mobile phone or WLAN connectivity or a breach of the Customer’s obligations under these GTC, will change the dates and periods specified in these GTC by the duration of the disruptions caused by these circumstances. If a corresponding disruption leads to a delay in performance of more than three (3) months, the Customer may withdraw from the agreement or to terminate it.
§ 17 Final provisions
- The Customer is only entitled to offsetting if his/her counterclaims have been legally established or recognized by OROHA. The Customer is only entitled to exercise a right of retention if his/her counterclaims are based on the same contractual relationship.
- The place of performance is at the registered office of OROHA.
- Deviating agreements or subsidiary agreements made before or at the time of conclusion of the contract must be in writing to be valid. This also applies to amendments to sentence 1. Should individual provisions of these GTC be invalid, this shall not affect the validity of the other provisions. The parties shall immediately replace the invalid provisions with valid provisions that come as close as possible to the invalid provisions in terms of their meaning.
- German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the state in which the consumer has his habitual residence shall remain unaffected.
- If the Customer is an entrepreneur or does not have a general place of jurisdiction in Germany or relocates his residence abroad after conclusion of the agreement or its residence is unknown at the time of filing a lawsuit, the place of jurisdiction for all disputes arising from these GTC shall be at the registered office of OROHA, whereby OROHA is free to sue the Customer at his registered office or place of residence.