General Terms and Conditions

For the use of the “become-a-pro” marketplace, operated by the become-a-pro GmbH , Mangoldweg 20, 88471 Laupheim (‘ Operator ‘)

Part 1 – General Regulations

1. Scope

  • The operator operates online marketplace specifically for the sports sector. These Terms and Conditions apply to all contracts between the Operator and the sellers who offer their services on the marketplace, as well as to contracts between the Operator and the buyer.
  • These Terms and Conditions apply exclusively. Terms and conditions that differ from this, the Operator does not recognize – – not applicable to express consent.
  • Contracts that are subject to remuneration with consumers will not be concluded.
  • In the scope of these Terms and Conditions, the following definitions apply:
    Operator: Become-a-proGmbH, Mangoldweg 20, 88471 Laupheim (Germany);
    Marketplace: Betcome-a-pro GmbH online platform where sellers can shop and sell their goods and services to registered users;
    Seller: Any entrepreneur/sponsor registered on the platform who sells goods and services in the marketplace;
    Users: All registered persons who can purchase goods and services from the sellers (especially fans and athletes).

2. Scope

  • The operator provides an online marketplace where buyers and sellers can register to contract with each other. The contracts, for the goods and services offered on the marketplace, are concluded exclusively between the user and the seller. The operator is not involved in these contracts.
  • The availability of the platform is 98.5% per year. This excludes necessary regular maintenance work, as well as those periods in which availability is restricted due to events beyond the control of the operator (e.g. force majeure, third-party actions, technical problems or Changes in the legal situation).

 

Part 2 – contract between operator and seller

3. Subject matter of the contract

  • The operator provides the seller with an online marketplace through which they can operate a shop system and sell goods or services to registered users. The operator owes only the technical provision of the marketplace, in which the seller adjusts and sells all necessary content himself.
  • The seller acts independently and is subject to the instructions of the operator in the performance of the services offered by him – subject to different agreements in these Terms and Conditions –. He is free in the design of his work and the content of the contract between him and the user; This is particularly true for the timing and nature of the benefits.
  • It should be noted that at no time does the operator become a contractor to the contract concluded between the user and the seller. This contract is concluded exclusively between the seller and the user. The fulfillment and repayment of contracts is the sole responsibility of the seller.

4. Registration as a seller

Sellers can create an account in the marketplace. To this end, they fully and truthfully enter the information requested as mandatory in the online registration form. The registration results in a contract of use between the seller and the operator. The fulfillment and repayment of contracts is the sole responsibility of the seller. At the same time, the user creates a publicly visible profile with the registration. Details can be inferred from the relevant terms and conditions.

5. Prices, maturity and delay

  • The seller pays a certain amount to the operator per sale/contract. The amount and due date of the fee is based on the package booked by the seller. The commission also applies if the sale/conclusion of the contract between the seller and the buyer is returned (e.g. due to revocation, contract challenge, resignation or resettlement due to defects); A refund is only considered if the repayment has been caused by the operator.
  • In the event of late payment by the seller, the operator is entitled to block or delete the seller account. A deletion is considered, especially in the event of repeated (not necessarily consecutive) late payment. In the event of the suspension, the duration of the contract will continue on a regular basis. The amount owed must be interest-bearing in accordance with the statutory provisions of the Civil Code (BGB).

6. Contract term and termination

Subject to different agreements, the packages subject to payment have a term of 1 month from the time of booking and can be terminated with a period of 2 weeks at the end of the term. If the package is not canceled on time, it will be automatically extended by 1 period. The right to extraordinary termination without notice remains unaffected by this.

7. Rights and obligations of the seller

  • The seller must ensure that all content and goods that he or she has posted or provided are subject to applicable law (in particular. Data and consumer protection, copyright, etc.) And there are no other third-party rights.
  • In particular, the seller must be fully entitled to publish the educational materials as well as other data and documents provided by him and ensure that all mandatory information (in particular imprint and revocation) is self-reliant. groom. In addition, the services offered must also be compatible with applicable law.
  • Content and offers that violate applicable law are prohibited. The operator is entitled to delete such content without notice.

 

Part 3 – legal relationship between operator and user

8. Sign up

  • Users can register an account in the marketplace. To this end, they fully and truthfully enter the information requested as mandatory in the online registration form. The subsequent unlocking of the user account creates a free contract of use between the user and the operator.
  • At the same time, the user creates a publicly visible profile with the registration. As part of the profile, the user is rated with a points system. The assessment factors are determined by the operator at their own discretion (e.g. professionalism, range, activity, fans, completeness of the profile, etc.). Details can be inferred from the relevant terms and conditions.
  • The platform operator’s subject matter of services is exclusively the provision and maintenance of the technical contents of the marketplace. Contracts for the purchase of goods or services are concluded exclusively between the user and the seller. The fulfillment and repayment of contracts is the sole responsibility of the seller.

9. User obligations

  • The user is obliged to use the marketplace only for its intended purpose (purchase with registered sellers) and to comply with all contractual and legal requirements during use. Any use beyond the purpose of the usage relationship is prohibited. In particular, the user is prohibited from
    • Register multiple times under different identities on the platform;
    • Spread false or misleading claims within the platform;
    • Threatening, insulting, harassing or otherwise violating other users;
    • Violate this ANB or applicable law (e.g. copyright and trademark law) when using the platform;
    • Sending chain letters or spam messages;
    • To disseminate pornographic, racist, violence-glorifying or – trivializing, inciting, right-wing extremist anti-constitutional or other content contrary to applicable law and morals within the platform.
  • In the event of a breach of the provisions of this paragraph, the Operator shall be entitled to temporarily block the customer account or send electronic messages or to terminate the User Agreement. The sanction measure depends on the nature, severity and duration or number of infringements and is selected by the operator at his discretion.

10. Termination of the User Agreement

  • The operator and the user are entitled to terminate the contract of use without notice at any time. Contracts between user and seller remain unaffected by this termination.
  • With the cancellation, the user’s profile, including all content, will be deleted from the platform. It is incumbent on the user to otherwise secure his or her contents before the cancellation. This shall be without prejudice to any statutory retention mandates.

 

Part 4 – Liability and Disclaimer

11. Limitation of liability and exemption

  • The Operator assumes no liability for the content of the offers of the sellers or third parties, unless there is a case of mandatory legal or contractual liability (see paragraph 3 above).
  • The Operator is in no way involved in the contractual relationship “Seller – User.” This contract and the resulting performance obligations arise exclusively between the seller and the user.
  • Contrary to the disclaimers set out in these Terms, the liability of the operator for the following matters (including delicate claims) is regulated as follows:
    • The Operator shall be liable indefinitely in the event of wilful intent or gross negligence, in the event of intentional or negligent injury to life, body or health, or due to mandatory legal regulations or in the event of acceptance of a warranty.
    • In the event of negligent breach of a material contractual obligation, the operator shall be liable in each case of the amount limited to the foreseeable damage typical of the contract at the conclusion of the contract, unless a case of unlimited liability under the previous Paragraph. Essential contractual obligations are such obligations, the fulfillment of which makes the proper implementation of the contract possible in the first place and on whose compliance a party can regularly rely.
    • In addition, the liability of the operator is excluded.
    • The above liability rules also apply with regard to the liability of the operator for its vicarious agents and legal representatives.
  • Should the operator be used on the basis of the legal or contractual conduct of the seller/user, the seller/user shall release the operator from all claims of third parties. This includes the reasonable costs of legal defense (in particular) Court and attorney fees) in their legal amount. Sentence 1 and 2 do not apply if the seller/user is not responsible for the infringement of the law. However, regardless, the seller is obliged to inform the operator immediately of any possible pending third-party claims.

 

Part 5 – Final Regulations

12. Copyright and use rights

By adjusting content of all kinds (images, texts, etc.), the seller/user allows the platform operator to use this content entirely or in parts inside and outside the platform for the purpose of promoting this platform. The platform operator may edit the content for this purpose or combine it with other content. The seller/user must ensure that there are no other third-party rights to the posted content. As long as the rights of use granted here exist, the user may not grant third parties exclusive rights to use the set content.

13. Restricting and blocking user accounts

In the event of a breach of legal regulations in the context of platform use or in the event of breaches of the obligations of these Terms and Conditions, the Operator shall be responsible for terminating the contract without notice (extraordinary termination) or in blocking the account or deleting it. Individuals content. The respective sanction measure is at the discretion of the operator, but the latter takes into account the nature and severity of the infringement.

14. Final Regulations

  • The law of the Federal Republic of Germany applies to the contracts between the operator and the seller/user, to the exclusion of the Federal Republic of Germany, provided that this choice of law does not result in a consumer being protected by this Standards are withdrawn.
  • If the contractor is a merchant, a legal entity under public law or a special public-law assets, the jurisdiction shall be subject to all disputes arising from contractual relationships between the operator and his Contractor at our seat above.
  • The operator is entitled to amend these terms and conditions for objectively justified reasons (e.g. changes in the case law, legal situation, market conditions) and in compliance with a reasonable period of time. Existing customers will be notified of this by e-mail no later than two weeks before the change comes into force. Unless the existing customer contradicts within the time limit set in the amendment notice, his consent to the amendment is deemed to have been granted. In the event of disagreement, the operator is entitled to terminate the contract for the entry into force of the amendment. Notification of the intended modification of these Terms and Conditions will indicate the time limit and consequences of the objection or its absence.

15. Mandatory legal information on online dispute resolution for consumers

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved. The operator is neither willing nor obliged to participate in a consumer dispute settlement procedure under the VSBG.

Our email address can be found in the imprint.

January 2019