Termini e condizioni generali
Version 2019-04-20-en. Altre versioni..
1. Scope, Contract Language
The below General Terms and Conditions (hereinafter referred to as “TAC”) shall apply to the Contracts signed via the website tournej.it (hereinafter referred to as “the Platform”) between you and MeinTurnierplan GmbH (Klaustaler Str. 28, 10589 Berlin, Germany, German trade register number HRB 196736 B, VAT-ID number DE318607995, hereinafter referred to as “MeinTurnierplan”, “we” or “us”) represented by its managing director Vasco Yannic Lange.
The languages available for Contract conclusion are German and English. Translations of these TAC in other languages are for information only. In case of differences between the language versions, the English text shall prevail.
Any modifications and amendments to these TAC shall be agreed in writing between the Parties. MeinTurnierplan is entitled to modify these TAC anytime in writing or by e-mail without giving reasons. The modified TAC are deemed accepted at the effective date set by MeinTurnierplan, unless you have objected within six (6) weeks after receiving the related notification. In case of a modification of the TAC you will be explicitly informed about your right to object and about the legal consequences of not objecting.
2. Governing Law, Overriding Mandatory Consumer Protection Provisions
The law of the German Federal Republic to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) shall apply, if:
- your habitual residence is in Germany, or
- your habitual residence is in a country, which is not a member state of the European Union.
If your habitual residence is in a member state of the European Union, German law shall also apply, while any overriding mandatory conditions of your country of habitual residence shall remain unaffected.
In order to be able to use the Platform you need to register first and create a user account. A user account can be created directly in the Internet via the Register link on our Platform.
Alternatively, you can register using your Facebook or Google account. In this case, to complete the registration process you need to enter the login credentials of our Facebook or Google account and confirm them by clicking on the “Confirmation” button.
Immediately after your successful registration, your individual user account (hereinafter referred to as “Account”) will be available for the agreed use.
In order to use our services you must be at least 16 years of age.
Your specifically selected password or your Facebook or Google password protect your personal Account against access by third persons. You are obliged to treat your password confidentially and to take all necessary precautions to prevent third parties from accessing it. You are explicitly forbidden to disclose the login credentials for the Platform to third parties and/or to authorise them to use your Account. You are solely responsible for ensuring that your login credentials will not be used by third parties for accessing the Platform. As soon as you suspect that you have lost your credentials, that they have been stolen or that your Account seems to be used by third parties in any other way, you are obliged to immediately notify the provider and to change your password via your Account.
During your use of the Platform you will be permanently logged in (soft login), until you actively log out or delete the related browser cookies. You are aware that there is a general risk that third parties access your Account and all of your personal data stored in it, if such third parties have one of your logged in terminal units at their disposal.
4. Conclusion and Termination of Contract
The presentation of the available Premium Memberships (PremiumS and PremiumM) on our Platform under the “Price List” link is no legally binding offer but an invitation to submit such an offer (“Invitatio ad Offerendum”).
By clicking on the „Submit binding order“ button in the last step of the order process you make a binding offer for booking the premium membership indicated in the order summary. Immediately after submitting your order, you will receive an order confirmation, which is not yet considered to be an acceptance of our Contract offer. As soon as we have accepted your order and/or booking in a separate e-mail, the Contract is deemed concluded. Please check the spam folder of your e-mail inbox regularly.
In our booking system under the “Price List” link you can select Premium Memberships by clicking on the respective button. For completing the order, click on the “Save and Continue” button and follow the order process. After entering all required order and address details in the next step, a page opens where the essential booking details, including all costs incurred, if any, are summarized. Up to that point, you can edit your details and/or cancel the contractual process. Only by finally clicking on the “Submit binding order” button a binding offer in terms of paragraph 2 is made.
Subject to deviating provisions in the respective performance specification, the Contract on the Premium Membership will renew by the originally agreed period, if not terminated one (1) month before the end of the respective term.
You can submit the notice of termination in your personal area of the Platform to be terminated or send it in text form (e.g. by fax, e-mail or letter).
Prepaid fees, if any, will not be reimbursed, when the Contract is terminated or cancelled prior to the end of its term. In case of a termination, any outstanding services shall remain available until the end of the paid period.
Premium Memberships are not transferrable.
5. Adjustment Note
Within the framework of the order process you first select the desired type of Premium Membership. Prior to completing your binding order by clicking on the “Submit binding order” button, you can edit or completely remove the desired Premium Membership at any time. If you would like to completely cancel the booking process, you can also simply close your browser window. Otherwise, after clicking on the “Submit binding order” button, your contract declaration will become binding in terms of Number 4 para 2 of these TAC.
6. Change of Premium Membership or Payment Method
If you change your Premium Membership, but not your payment method, the features of the newly selected Premium Membership will be immediately available. The price of the new Membership will be offset with the next billing.
The change of the payment method is equivalent to terminating the current Premium Membership and simultaneously re-ordering the terminated Premium Membership by the user. The price of the new Premium Membership is due immediately, with the payments already made for the terminated Premium Membership being taken into consideration. Discounts, if any, granted on the terminated Premium Membership may be forfeited, if we inform you of such a forfeit when granting the discount.
7. Storage of the Contract Text
The Contract provisions containing details on the booked Premium Membership, including these TAC, will be sent to you by e-mail upon acceptance of the Contract offer and with the respective notification, respectively. The Contract provisions will not be stored by us.
8. Collection, Storage and Processing of your Personal Data
As a registered user you can book Premium Memberships on our platform. As a registered user you do not need to re-enter your personal data with each order. You can simply log in at your customer Account by providing your e-mail address and your password (which you have freely chosen during the registration process) before or during the booking process.
For performing and processing an order we need the following data from you:
- first and family names,
- an e-mail address,
- an address,
- a user name,
- a freely chosen password.
Without your explicit consent we will use the personal data provided by you only for fulfilling and processing your booking. We will also use your bank account details for payment processing. Any further use of your personal data for advertisement, market research or for the demand-based arrangement of our offers require your explicit consent. You can grant this consent prior to completing your booking. This declaration of consent is freely given and can be withdrawn by you any time.
The data provided by you will be stored in your customer Account as long as it is not deleted by you.
If your personal data change, you alone are responsible for updating them. All modifications can be performed after logging in via the “Login” button.
9. Posting of Content
You are responsible for any content (including, but not limited to texts, images, graphics, logos, videos and links), which you make accessible or distribute via our Platform. Thus it is your responsibility to ensure that the respective content is lawful, and, in particular, does not violate applicable laws and/or third-party rights.
It is forbidden to make content available or to distribute content via the Platform, if and as far as this content violates legal provisions, third-party rights or accepted principles of morality. In particular, content, which is discriminating, populist, sexist, glorifies violence and/or is harmful to young persons, is forbidden. Our Platform is meant to be an entertainment platform and not a political platform.
10. Terms of Payment
The price for booking a Premium Membership shall be due immediately, if this price is indicated within the course of the booking process. The booking price shall be paid via our payment service providers, which you can find on our Platform under the “Payment Service Provider (PSP)” link. If you do not pay the price for the Premium Membership by the due date using a valid payment service provider, you will be able to use the free access only.
If you provide us with a SEPA direct debit mandate, you agree that the pre-notification period for the SEPA debit transaction is shortened to one day before the payment is debited. We will make this SEPA pre-notification as well as invoices available for download in your inbox on our Platform.
If a return debit is required, because your bank account does not provide sufficient funds, we are entitled to invoice you the costs effectively incurred by us for the return debit note.
11. Donation System
You can donate money to MeinTurnierplan or tournament organizers.
In order to be able to accept donations, the tournament organizer must explicitly activate this option in its personal area.
The respective tournament organizer allows MeinTurnierplan to accept donations on its behalf and to retain an individually agreed portion thereof for use for the Platform.
The donations will be paid out via Stripe Connect. The donations can only be paid out, if you have a valid Stripe Connect account and linked it with your user Account on our Platform.
Donations will be paid out in the currency, in which they have been raised. For each currency the minimum payout limit will be separately calculated. The exact minimum payout limits can be found on our Platform under the „Payout limits” link. If a currency is not listed there, a minimum payout limit of an (equivalent) amount of about 15 EUR shall apply.
Donations are collected and paid out as a package to the tournament organizer, unless any of the following impediments apply:
- The last donation was paid out less than seven days ago.
- The sum of the payout would be less than the (equivalent) amount of 15 EUR (independent of the currency).
- The donation account is not linked with a Stripe Connect account.
Donations, which cannot be paid out due to the aforementioned impediments, will be retained after a period of one year and used for the Platform.
Users with an Account will receive their invoice on the donations made in their personal area. Users, who are not logged in, will receive the invoice on the donation made by e-mail.
MeinTurnierplan may refuse to accept donations for good cause. A good cause notably exists if:
- the amount donated is less than 2 EUR,
- the amount donated exceeds 10,000 EUR or if
- fraud punishable under criminal law is suspected.
MeinTurnierplan reserves the right to offer discounts on the price for Premium Memberships.
Discounts shall apply for the period indicated, unless otherwise specified, for the contract term.
MeinTurnierplan may modify the discounts offered any time for the future.
13. Limitation of Liability
Our liability shall be limited to cases of wilful intent and gross negligence. Furthermore, we accept liability for negligent breach of those obligations, whose fulfilment is the precondition for the proper performance of the Contract, whose violation will put the purpose of the Contract at risk, and whose fulfilment you as a customer can regularly rely on. In the latter case we shall be liable only for the foreseeable loss which is typical of that kind of contract. We do not accept any liability for the slightly negligent breach of obligations other than those mentioned above. The aforementioned disclaimer shall not apply in case of damage to life, body and health. Liability under the German Product Liability Act shall remain unaffected.
According to the current state of technology any data communication over the Internet cannot be guaranteed to be error-free and/or available at any time. In this respect we shall not be liable for the permanent and uninterrupted availability of our Platform.
14. Final Provisions
The present General Terms and Conditions are full and final. In order to avoid ambiguities or disputes on the agreed subject matter between the Parties, any amendments and modifications of these TAC shall be made in writing. This shall also apply to the waiver of this written form clause.
If your residence or habitual residence was in Germany at the time of concluding the Contract or if you have transferred it out of Germany at the time a complaint was filed by us or your residence or habitual residence is unknown at that point of time, the headquarters of our company in Berlin (Germany) shall be the place of jurisdiction for all disputes.
Please note that in addition to the ordinary proceedings you also have the option of choosing an out-of-court settlement of disputes in line with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the following Internet address: http://ec.europa.eu/consumers/odr.
Our e-mail address is: email@example.com. In line with Section 36 of the German Consumers’ Dispute Settlement Act (VSBG) we would like to point out, that we are not obliged to take part in an alternative dispute resolution proceeding before a consumer dispute settlement board.
Should any provision of these TAC be invalid, this shall not affect the validity of the other provisions and of the contract as a whole. In this case the invalid or ineffective provision shall be replaced by a valid provision whose economic consequences reflect as closely as possible and as far as legally possible those of the ineffective provision.
Upon the conclusion of the Contract we will ask you, if you would like the immediate performance of the contract to start before expiry of the withdrawal period. If you agree, we will ask you to confirm that you are aware that by asking for the performance of the contract to start before expiry of the withdrawal period, you will lose your right of withdrawal.
Information on the Right of Withdrawal
Right of Withdrawal
You are entitled to cancel this Contract within a period of 14 days without giving reasons.
This withdrawal period is fourteen (14) days from the date of Contract conclusion.
In order to exercise your right of withdrawal you need to notify us (MeinTurnierplan GmbH, Klaustaler Str. 28, 10589 Berlin, Germany, e-mail: firstname.lastname@example.org) in a clear statement (e.g. in a letter sent by post or in an e-mail message) of your decision to cancel this Contract. You may use the attached sample withdrawal form, however, you are not required to use it.
The dispatch of the notification on your exercise of your right of withdrawal before expiry of the withdrawal period is sufficient for complying with the withdrawal period.
Consequences of your Withdrawal
If you cancel this Contract, we have to repay to you all payments which we have received from you without delay and within fourteen (14) days at the latest from the date on which we received the notification on your withdrawal from this Contract. Except as otherwise explicitly agreed with you, for such a repayment we will use the same payment service provider which was used for the original transaction. We will not charge you any fees for the repayment.
Sample of the Withdrawal Form according to Enclosure 2 relating to Article 246a Section 1 para 2 (1,1) and Section 2 para 2 (2) of the Introductory Law to the German Civil Code (EGBGB)
(If you would like to cancel this Contract, please complete this form and send it back to us.)