Terms of Service

The following general terms and conditions regulate the use and claim for the shop offer under the domain fut-academy.com (hereinafter referred to as "shop"). Contractual partner and service provider (hereinafter referred to as "seller") is:

support [at] fut-academy [dot] com

The seller provides his services on the basis of the general terms and conditions in the version valid at the time of the conclusion of the contract. All offers in the shop can be changed without prior notice. Consumers in the sense of §13 BGB are accepted as customers in the shop - ie any natural person who concludes a legal transaction for a purpose that is neither part of their commercial nor their independent professional activity.

§1 General / Description of the service

The customer can purchase digital audio recordings and any accompanying text and image material as a file via the shop (hereinafter referred to as "products"). The products can be selected by the customer in the shop, added to the shopping cart and then purchased. The products are only available by download. The purchased products can be played on all common MP3-compatible devices; the seller does not accept any liability for compatibility. The following general terms and conditions apply to the entire business relationship with the customer. The customer recognizes them for the present contract as binding for him. The customer agrees to use electronic communication for contractual purposes, e.g. B. in the form of e-mails to be received from us and the customer also agrees,that electronic communication ensures that the form for all consents and notifications is preserved, unless mandatory statutory provisions stipulate a different form. The customer waives the right to assert his own terms and conditions of purchase. These do not become part of the contract through our silence or our delivery. All correspondence with us must be processed via the address given in the legal notice on the homepage.All correspondence with us must be processed via the address given in the legal notice on the homepage.All correspondence with us must be handled via the address given in the legal notice on the homepage.

§ 2 Conclusion of the contract

The representations on our website are to be understood as an invitation to submit offers by ordering, ie the order is an offer to us to buy the selected item (s) from us. A purchase contract is only concluded through our express acceptance of such an offer by the customer. Detailed information on the ordering process can be found under the menu item Order. By clicking the button "Order with obligation to pay" in the last step of the ordering process, the customer makes a binding offer to purchase the products in the shopping cart for downloading against payment. The seller confirms receipt of the order to the customer exclusively by e-mail to the address entered in the order process or stored in the customer account.The payment process can either be made by prepayment / transfer or via external online payment service providers (PayPal or SOFORT transfer). For the services of external payment service providers, the terms and conditions of the respective provider apply, which can be called up on the homepage of the respective provider. The prerequisite for a successful purchase is the correct entry of the data requested by the customer. The customer completes the payment by clicking on the "Pay now" button (or the same) on the payment service provider's website after logging in or entering his personal data. After successful payment, the customer is redirected to the shop, where the purchased products can be downloaded from the customer account under "My account / digital goods".In the case of payment in advance / bank transfer, the activation takes place manually after receipt of payment. After successful payment, the customer is immediately sent a confirmation by email to the email address provided and the download is made available in the customer account. By making the ordered products available for download, the seller accepts the customer's offer and the purchase contract is concluded. The sales contract is considered fulfilled by the seller as soon as the product has been successfully downloaded for the first time.By making the ordered products available for download, the seller accepts the customer's offer and the purchase contract is concluded. The sales contract is considered fulfilled by the seller as soon as the product has been successfully downloaded for the first time.By making the ordered products available for download, the seller accepts the customer's offer and the purchase contract is concluded. The sales contract is considered fulfilled by the seller as soon as the product has been successfully downloaded for the first time.

§ 3 Prices, Due Date and Payment, Default

Our prices are in euros (€ / EUR), the prices quoted in the shop are final prices, the price includes VAT. The purchase price is due immediately. The payment options PayPal, credit card, direct debit, SOFORT transfer and prepayment / transfer are free of charge and free of charge. Purchase on account is not possible. If the buyer is in default of payment, we are entitled to demand default interest of 5% above the base rate announced by the European Central Bank per annum. If we have suffered higher damage caused by delay, we are entitled to assert this. If the buyer is in default with the payment of a delivery, we can withhold further deliveries without being in default.An express assertion of our right of retention is not required. For the timeliness of the payment, it is not the dispatch, but the date of receipt of the payment by us or the crediting of the payment at the paying agent specified by us that is decisive.

§ 4 shipping

The articles are only sold as a download, there are no shipping costs.

§ 5 revocation

The buyer is legally entitled to a right of withdrawal in accordance with Section 312g of the German Civil Code (BGB) if he is a consumer, since the purchase of goods on the Internet is a so-called distance contract as is the case here. With regard to the right of cancellation and its consequences, a separate cancellation policy will be given and transmitted in text form when the order is placed.

Expiry of the right of cancellation In the case of contracts for digital content / goods that are not delivered on a physical data carrier (such as downloads), the right of cancellation expires as soon as the seller has started to execute the contract, after the buyer has expressly agreed that the seller begins to execute the contract before the expiry of the withdrawal period, and the buyer has confirmed that he is aware that he will lose his right of withdrawal by giving his consent at the beginning of the execution of the contract. The buyer agrees to start and confirms that he has taken note of it at the end of the ordering process on the summary page (check box, check mark) before sending the order to the seller.

§ 6 rights of use

With the purchase, the customer acquires the simple, non-transferable, spatially and temporally unrestricted right to save, copy, listen to or view the purchased products as often as required for exclusively personal and private use, non-commercial purposes. Purchased products may be copied to various local storage devices, burned to data carriers and only played and used privately. Any further use that goes beyond the rights granted is not permitted. Commercial use and distribution of the products is not permitted. Saving and placing purchased products in data networks is prohibited. The products are copyrighted material.When using the purchased products, the customer must comply with the statutory provisions and the provisions of the German Copyright Act (UrhG) in its respective version. All rights of the authors to the protected works contained on the website are reserved. The download link and the products stored in the customer account on the "My Account" -> "Digital Goods" page may only be used by the customer himself and may not be passed on to third parties. The seller reserves the right to add digital watermarks to the products on offer. Digital watermarks consist of imperceptible information, e.g. B. can be inserted into audio data.All rights of the authors to the protected works contained on the website are reserved. The download link and the products stored in the customer account on the "My Account" -> "Digital Goods" page may only be used by the customer himself and may not be passed on to third parties. The seller reserves the right to add digital watermarks to the products on offer. Digital watermarks consist of imperceptible information, e.g. B. can be inserted into audio data.All rights of the authors to the protected works contained on the website are reserved. The download link and the products stored in the customer account on the "My Account" -> "Digital Goods" page may only be used by the customer himself and may not be passed on to third parties. The seller reserves the right to add digital watermarks to the products on offer. Digital watermarks consist of imperceptible information, e.g. B. can be inserted into audio data.The seller reserves the right to add digital watermarks to the products on offer. Digital watermarks consist of imperceptible information, e.g. B. can be inserted into audio data.The seller reserves the right to add digital watermarks to the products on offer. Digital watermarks consist of imperceptible information, e.g. B. can be inserted into audio data.

§ 7 retention of title

Delivered products remain our property until they have been paid for in full. Insurance and compensation claims that the buyer acquires due to loss or damage to the products are hereby assigned to us. If the buyer is in default, he has to grant us access to the products in his possession at our request, to send us a detailed list of the products, to return the products to us and to delete and destroy them.

§ 8 liability

Insofar as the customer makes use of the shop's services using access data, the customer is responsible for keeping them safe and safe from third-party access and is liable for any action taken with their access data (including payments). If the customer suspects that unauthorized third parties have gained knowledge of this, the personal password must be changed immediately and the seller informed. The customer undertakes not to use a collective email address used by multiple users. The customer is liable to third parties himself and directly in the event of violations of third party rights for which he is responsible. In the case of justified third party claims, the customer is obliged to indemnify the seller, unless he can prove that he is not responsible for the breach of duty that caused the damage.In the event of willful intent or gross negligence, the seller is fully liable for all damage resulting therefrom. If the attributable breach of duty on the part of the seller can be traced back to simple negligence and an essential contractual obligation has been culpably breached, the seller's liability is limited to typical, comparable damage that occurs in comparable cases. For loss of data for which the shop is responsible or consequential damage caused by a defect, the seller is only liable for damage that can be traced back to data lost up to the last data backup by the customer or up to the previous point in time at which the data backup should have been performed. Liability for all damage, in particular loss of data and hardware malfunctions at the customer's,which are caused by incompatibility of the hardware and software used by the customer with the shop system of the seller and for system malfunctions caused by previously existing configuration deficiencies or old, unusable, not completely removed drivers, data or data fragments are excluded.

§ 9 blocking

The seller reserves the right to block the customer account in the event of misuse, breach of contractual obligations and obligations as well as default in payment and not to allow new registrations.

§ 10 Right of Withdrawal

We can withdraw from the contract if it turns out after the conclusion of the contract that we have stated prices that are below our actual purchase prices and that we are not responsible for this fact because incorrect information has led to this. We can also withdraw from the contract if it turns out after the conclusion of the contract that we have specified prices for which we are not responsible because software errors have led to this. Our rights of avoidance due to errors remain unaffected by the rights of withdrawal described above. In the event of the aforementioned circumstances, the customer will be informed immediately and the purchase price paid will be reimbursed immediately.

§ 11 Liability for Defects

With regard to defects in the purchased item, the buyer is entitled to the statutory claims from the German Civil Code. If there is a defect in the purchased item, the customer can initially request supplementary performance = delivery of a defect-free purchased item. The defective purchase item delivered first must be documented by the buyer and reported to the seller in writing (e.g. by email). If the supplementary performance fails, the customer can either reduce the purchase price according to the defect or withdraw from the contract entirely. If the delivered product has obvious material defects, the buyer must report these defects to us at the latest within fourteen days after receipt of the product, specifying the defects and referring to the order number.The relevant point in time for compliance with this notification period is not receipt by us, but the postmark or the date on which the notification of defects was sent. A deficiency is always evident when it is noticed without special attention. The belated notification of such obvious defects leads to the loss of warranty rights with regard to such defects. For defects that are not obvious, however, the statutory limitation periods apply. If the buyer is a merchant i. S. d. HGB, the special obligation to notify in commercial transactions according to §§ 377, 378 HGB remains unaffected.The belated notification of such obvious defects leads to the loss of warranty rights with regard to such defects. For defects that are not obvious, however, the statutory limitation periods apply. If the buyer is a merchant i. S. d. HGB, the special obligation to notify in commercial transactions according to §§ 377, 378 HGB remains unaffected.The belated notification of such obvious defects leads to the loss of warranty rights with regard to such defects. For defects that are not obvious, however, the statutory limitation periods apply. If the buyer is a merchant i. S. d. HGB, the special obligation to notify in commercial transactions according to §§ 377, 378 HGB remains unaffected.

§ 12 Retention and Offsetting

The buyer can only assert a right of retention if it is based on the same contractual relationship. He is only entitled to offset if we do not dispute the counterclaim or if it has been legally established. If the buyer is a merchant i. S. d. HGB, his rights of retention are excluded.

§ 13 Foreign Business

All agreements with us are subject to German law. The provisions of the United Nations Convention on International Sales Contracts do not apply.

§ 14 Effectiveness

The ineffectiveness of one or more clauses of these general terms and conditions does not affect the effectiveness of the rest of the contract. The statutory regulations take the place of the ineffective regulation.

§ 15 Place of fulfillment, place of jurisdiction

The place of performance for all rights and obligations arising from the business relationship is determined by the statutory provisions. If the customer is a merchant i. S. d. HGB, the exclusive jurisdiction of the court at our headquarters is agreed for all disputes arising from the contract. Our right to assert our claims at another place of jurisdiction remains unaffected in relation to merchants. We can also assert our claims against a customer who is not a merchant before the court at our headquarters,if he does not have a general place of jurisdiction in the Federal Republic of Germany or if he relocates his place of residence or usual place of residence from this area after conclusion of the contract or if his place of residence or usual place of residence is not known at the time of the judicial assertion of the claim.

§ 16 data protection

Information on the type and scope, place and purpose of the collection, processing and use of the personal data required by us for the execution of orders can be found in the data protection declaration.

§17 Information on online dispute resolution (according to Art. 14 Para. 1 ODR-VO)

The platform for online dispute resolution by the European Commission can be reached at: https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in an arbitration procedure before a consumer arbitration board.