Currently valid version of 28.12.2023 in application of the General Data Protection Regulation in the EU, the GDPR.
Acceptance of these GTCs includes the data protection information.

Validity

These General Terms and Conditions apply to the use of the TennisGate portal – accessible at https://tennisgate.com – and all transactions that customers conclude with TennisGate GmbH (hereinafter referred to as “TennisGate”) regarding merchandise. Merchandise in this sense includes, but is not limited to, video trainings on permanent data carriers or online video trainings, as individual products or by subscription, as well as licenses for the use of online trainings via the TennisGate member system or in accordance with separately agreed license agreements. The General Terms and Conditions of TennisGate in the currently valid version always apply exclusively. TennisGate has the right to amend these General Terms and Conditions at any time and in particular to adapt them to changed legal or economic conditions. The amendment shall take effect with the subsequent order by the customer. TennisGate does not recognize deviating terms and conditions. By way of exception, deviating terms and conditions can only become part of the contract if TennisGate recognizes them by express written confirmation.

Provider

TennisGate GmbH
Eupener Street 60
50933 Cologne


Represented by:
Managing partners
Oliver Heuft, Lars Bischoff

Contact:
Phone: +49 (0)221 995959-11
E-mail: office@tennisgate.com


Register entry:
Entry in the commercial register.
Register court: Cologne Local Court
Register number: HRB 116692

Prices

The agreed purchase price for the ordered products and licenses shall be the price stated on our website or in our brochures, price lists, etc. In the event of typographical, printing and/or calculation errors, we are entitled to withdraw from the contract.

Place of performance, applicable law, partial invalidity and place of jurisdiction

The place of performance is Cologne in Germany; German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Insofar as individual provisions of these General Terms and Conditions contradict mandatory statutory provisions or are void, the remaining provisions shall nevertheless remain valid. Should a provision of these General Terms and Conditions be or become invalid, the remainder of the General Terms and Conditions shall nevertheless remain valid. The invalid provision shall be reinterpreted or supplemented or replaced in such a way that the intended economic purpose is achieved as far as possible.

Any disputes arising out of this contract shall be settled by the court in Cologne, Germany, which has commercial jurisdiction.

Conclusion of contract

The customer’s order is deemed to be a binding offer to conclude a purchase contract for the online training or goods ordered. The purchase contract is concluded when TennisGate either expressly accepts the order or actually fulfills it by providing access to the ordered online service, in each case within 14 days of receipt by TennisGate. After expiry of this period, the customer is no longer bound and the purchase contract is deemed not to have been concluded.

The offer to conclude a purchase contract is submitted by the customer by successfully completing the step in the order process marked “Pay now”, “Buy” or as a clearly designated purchase process.

Delivery and access authorization

TennisGate provides access to the ordered online service without unnecessary delay, in any case within 3 days. If the timely execution of an order encounters difficulties for special reasons, the delivery period may exceed 3 days in individual cases and the customer’s access to the offer will be extended by this time. If the online service is not available at the time of purchase, the customer will be informed of this without delay from the time of knowledge. In this case, TennisGate may withdraw from the contract.

No price reductions can be claimed out of a temporary, short-term unavailability of the online service at a later date.

TennisGate undertakes to keep the content of the offer, which is the subject of the purchased service, available for the agreed period. This does not affect changes in content and contributions that are indispensable for legal reasons.

Unless expressly stated otherwise or agreed with TennisGate, the purchaser acquires an access authorization for a single simultaneous use of the online service. Passing on the access data or transferring the access (so-called username sharing) is not permitted. TennisGate has provided special team licenses for this purpose. The customer must ensure that his access data does not inadvertently fall into the hands of third parties.

If TennisGate has reason to believe that there is unauthorized, improper use of the online offer, TennisGate has the right to take appropriate measures after contacting the customer. These measures include, but are not limited to, changing the password of the affected user account, temporary deactivation of access or deletion of the affected user account and/or exclusion.

Contract term / termination

The contract terms and any notice periods for subscriptions to the respective online offer are clearly marked on TennisGate.

Due date

The license fees for the provision of the online offer are due in advance and in full for the entire minimum contract term on the day the access option is provided.

Tips for online payment and online products

All data obtained from the customer is treated as strictly confidential and transmitted via SSL-encrypted connections. The transaction and entry of data is carried out via external service providers such as PayPal, Mollie or Stripe. These service providers have the highest security standards for online payments. You will receive the necessary insight into their data protection regulations and privacy policy before completing the transaction.

TennisGate immediately outs a tax-compliant invoice to the customer, which is sent by email in PDF format. Upon payment, the customer agrees that no invoice will be sent by post but online. They can access their invoice at any time under “My account”.

Right of revocation and withdrawal

The service is deemed to have been provided once the chargeable offer from https://tennisgate.com and its sub-domains has been created; withdrawal is excluded from this point onwards. The right of withdrawal expires in accordance with the statutory provisions for services that are not financial services if the entrepreneur has begun to perform the service with the express consent of the consumer before the end of the withdrawal period or if the consumer has initiated this himself. In the case of contracts for individual online offers where the customer is given access to the content immediately upon registration, the customer’s right of withdrawal expires at this point in time.

The customer has the opportunity to check the suitability of their devices or Internet connection for the online product before purchase using the freely available sample products and videos. Incompatibility with one or more of the customer’s systems is therefore not a reason for withdrawal.

Special feature for underage buyers

TennisGate does not sell its training offers to persons under the age of 16.

Bonus services

If TennisGate sells or brokers goods from third-party providers, such as the partner benefits, their terms and conditions apply. Partner benefits are bonus benefits and cannot be guaranteed. Partner offers may also change during the term of membership. TennisGate has no influence on this.

Use of vouchers and offsetting against other projects

Vouchers have a term and are valid for the first purchase of the respective product (unless expressly agreed otherwise). 

Warranty and liability

Liability for any defects in the online service is governed by the statutory warranty provisions. However, TennisGate is initially entitled to exchange or replace what is missing. A price reduction claim can only be asserted after the fruitless expiry of a reasonable period for improvement. TennisGate cannot be held liable for any further claims, in particular for claims for damages of any kind (consequential damages), including loss of profit, damage caused by delay, etc.

TennisGate is also not liable for the content of the online training, in particular the formal or content-related correctness and legality of the statements, texts, images, audio or video carriers, source texts, instructions, etc. contained therein.

In general, the use of the training tips is at your own risk. In particular, TennisGate tips that all training content on the website and in the products sold by TennisGate is intended for people who are healthy and proven to be fit for sport. TennisGate is not liable for personal injury or damage to property caused in the course of TennisGate exercises.

This exclusion of liability also applies – to the extent permitted by law – to any liability under the German Civil Code (BGB) and to claims against TennisGate employees, service providers, organs or vicarious agents.

TennisGate accepts no liability for technical faults in the operation of the online service. TennisGate also reserves the right to discontinue operation at any time; however, this is without prejudice to the proper processing of contracts already concluded. This may also include replacement services such as eBooks and downloads. Despite all care and use of the latest technical guidelines, TennisGate cannot guarantee the accessibility of its servers at all times. The temporary failure or temporary unavailability of these servers therefore does not entitle the subscriber to withdraw from the contract or to claim damages.

Scope of services of the TennisGate subscription

With the online service, the subscriber customer as purchaser acquires the right to use all content included in the respective valid product range of https://tennisgate.com. The scope of access includes online access via streaming/progressive download via external media servers. TennisGate is not liable for their failure. Should this exceed 48 hours, TennisGate will extend the subscriber’s contract term by the length of the outage. Access to the video content by the subscriber is via a modern Internet browser of the subscriber’s choice. Access is protected by a user ID/password combination and is automatically monitored by TennisGate for compliance with the license and contract terms. The content contained can be changed at any time if this is necessary for a valid reason and the subscriber is not objectively worse off than when the contract was concluded. Such a reason is deemed to be, in particular, if TennisGate is no longer allowed to make content available for copyright reasons or if technical changes occur.

Rights of third parties (copyrights)

The customer acknowledges that third party rights, in particular copyrights and other intellectual property rights, exist in the object of purchase. He undertakes to use the object of purchase only within the scope of what is contractually and/or legally permitted and to strictly comply with any license conditions. This applies in particular to text and language works, including software, databases and image, video and/or sound material.

This applies accordingly to TennisGate’s rights to its website and its content such as texts, graphics, logos, brands, titles, programs, price compilations, databases and other services.

Company transfers

If TennisGate or substantially all of its assets are acquired, or in the unlikely event that TennisGate goes out of business, contracts with customers that are transferred or acquired by a third party will be part of those assets. You acknowledge that such transfers may occur and that any acquirer of TennisGate may continue to use your personal data in accordance with this policy.

Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find athttps://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

TennisGate GmbH, 28.12.2023