bPartGaming General Terms and Conditions
§ 1 General Information
1. We, the bPartGaming GmbH (limited liability), registered in the commercial register of the county court of Charlottenburg as HRB 242574 B (hereinafter referred to as “bPartGaming“ or “we“) provide an online-platform on the website coaching.bpartgaming.com (hereinafter referred to as “platform“).
The platform offers services in accordance to these general terms and conditions which may be booked by the platform’s users (hereinafter referred to as “users“ or “you“). The offered services are coachings for the videogame EA SPORTS FIFA 21 (and its follow-ups) that are carried out by coaches (“coach“) who are allocated by bPartGaming.
2. Our coachings may be booked as individual sessions, as well as group coachings. An adequate tool of communication (see §10 of the general terms of conditions for further information) will be the basis of the online coaching.
3. bPartGaming may tie the usage of the platform, in specific cases as well as generally, partially or entirely, to certain requirements and will inform you in due time if this is the case.
4. Divergent terms and conditions do not apply, regardless whether bPartGaming has explicitly denied these or not.
5. The contractual language is English.
§ 2 Conclusion of the Contract
The presentation of our services on our platform is no legally effective offer; a legally binding offer is only made when a user books a service by ordering it online on the platform. Once you have placed your order you will receive a confirmation of your order via E-Mail. This confirmation is no legally binding acceptance of the offer made by the user. The offer is only accepted once we have sent you an E-Mail stating the explicit acceptance of your order.
§ 3 Prices
The prices that are stated on the platform are all final prices, which include the sales tax of 19%.
The sales tax is shown separately in the bills.
§ 4 Payment
1. The user is obligated to pay the full designated amount in EURO (stated in the bill that we have sent to the user) prior to the coaching.
2. Payments may optionally be carried out by credit card, Paypal, direct debit or instant transfer.
§ 5 Right of Cancellation
All consumers „Verbraucher“ (according to §13 BGB) have a right of withdrawal from the contract (cancellation) in the following measure:
Beginning of the cancellation policy admonition
1. Right of Cancellation
You have the right to cancel this contract within fourteen days without stating any reasons.
The fourteen days of the right of cancellation commence on the day of the conclusion of the contract. In order to execute your right of withdrawal from the contract, you must inform us by sending an explicit statement (e.g. by E-Mail or a letter sent via post) regarding your decision to cancel this contract to the address stated below. You may use the attached sample form, however using the sample form is not compulsory.
Oranienburger Straße 32, 10117 Berlin
The deadline is met, as long as you send the notice regarding your intention to cancel the contract before the deadline has passed.
1. Consequences of Cancellation
In case you cancel the contract, we will pay back all payment that we have received from you within fourteen days starting on the day that we have received your notice regarding the cancellation of the contract. For this transaction we will use the same instrument of payment that you used during the original transaction, unless something else has been explicitly agreed. In any case the back-payment does not mean that you will be charged an extra amount.
In case you have demanded that the coaching shall commence within fourteen days after concluding the contract , you must pay us an adequate amount, that complies with the portion that has been carried out until the point where you have informed us about your decision to execute your right of cancellation in comparison to the overall extent of the services that were originally intended in the contract.
End of the cancellation policy admonition
§ 6 Transferring the Coaching to another person
1. If a purchaser transfers a coaching session to another person, this may be because the purchaser wants to give the coaching session as a present to another person, then the person, to whom the session has been transferred to, will become the new user and is subject to these general terms and conditions.
2. An exception to this are refunds of any kind. Received payment will only be paid by bPartGaming directly to the domicile listed under number 2 within the cancellation policy admonition.
3. The paying person must state the full name of the new user while purchasing the coaching that is intended to be transferred to the new user.
§ 7 Failure to attend Coachings
A coaching session is scheduled to last 60 minutes if not decided differently between the purchaser and coach.
In case a user fails to attend a coaching session, we are entitled to charge the agreed amount, unless the following terms have been met:
- Cancelation of the agreed appointment up to 48 hours before the coaching: no settlement of the renumeration
- Cancelation of the agreed appointment up to 24 hours before the coaching: 50% of the renumeration
- Cancelation of a later appointment or failure to attend a coaching session: 100% of the renumeration
§ 8 Cancelation of a Coaching session by the Coach
In case the coach cancels or delays a coaching session due to reasons that he doesn’t have to account for, you (or the user that has been designated by you) will be informed as quickly as possible, in order to arrange an alternate date. In these cases bPartGaming is not liable and not bound to pay compensation.
§ 9 Cancelation by disuse + expiration of the hourly allotment
1. Coachings are booked as packages. We offer different packages with a varying number of sessions and differing hourly allotments.
2. After the payment of a package has been received, the contact between the user and his allocated coach will be transmitted. Together, the user and the allocated coach will determine the dates of the first sessions and hence, arrange the course of the coachings.
If the user has not arranged an initial coaching session with his allocated coach within 30 days of the contact transmission, the booked package will be revoked and we are entitled to charge 25% of the reimbursement for efforts and for blocking the coach. The remaining 75% of the reimbursement will be paid back to the user.
If the coach is not able to commence coaching within these 30 days and the delay is a consequence of this, the following regulation, that is meant to minimize blocking coaches, does not apply.
3. In case the user has not used up the purchased amount of sessions within 180 days after contact between the user and the allocated coach has been initiated, the remaining amount of hours will expire without any substitution.
§ 10 Requirements that must be fulfilled by the user for the execution of the coachings
The establishment of the necessary requirements in order to have a smooth course of coachings is solely the user’s responsibility. This includes:
- Owning the videogame EA SPORTS FIFA 21 (as well as follow-ups if applicable) and additionally owning an associated games console (Playstation 4 or Xbox One) or an equivalently powerful computer.
- Downloading an online tool of communication (preferably Skype)
- Having a sufficiently strong internet connection to execute the online-coachings (online communication, training games between the coach and the user etc.)
§ 11 Documents
1. Sample course material, drawings, concepts and other documents and/or material, whether the format is paper or digital (hereinafter referred to as “documents”), that we provide either temporarily or permanently in connection to coachings or the development of players, may only be used by the user for the intended purpose. The usage for commercial seminars, coachings or other forms of training or counselling that would be competition for us is not permitted.
2. Copying, duplicating, distributing of any sort including making the documents available and accessible online or in any other way without our approval is not permitted.
§ 12 bPartGaming’s Liability
1. We are fully liable in cases of intent or gross negligence regarding an injury to the life, the body, or health of a person. Furthermore in cases where a quality guarantee hasn’t been met, as well as in cases of mandatory liability according to the Produktionshaftungsgesetz.
2. However, in case of an ordinarily negligent breach of obligations essential to the contract, our liability is limited in amount to the damages typical and foreseeable in this type of contract.
3. Our liability in case of an ordinarily negligent breach of obligations that are not essential to the contract is excluded.
4. The regulations above shall apply to our liability to refund of futile expenses appropriately.
5. Otherwise, any liability on behalf of bPartGaming is excluded.
6. The liability limitations and disclaimers above (paragraphs 1. Through 4.) shall apply in favour of our vicarious agents.
§ 13 Modifications
General Terms and Conditions
bPartGaming reserves the right to change the general terms and conditions, as long as this happens for justified reasons, necessary due to changes in the law, changes in jurisdiction, or changes in the economic conditions or other equal reasons and as long as these changes do not disadvantage the user in an unreasonable way.
The user will be informed by letter or E-Mail at least six weeks in prior to the effective date, where the new terms and conditions enter into force.
Within the six-week-period (starting after receiving the notice regarding the changes in the general terms and conditions) the user has the right to express (in written form) objection against the changes. If the user does not object to the changed general terms and conditions within the six-week-period, the user shall be deemed to have agreed and the changed general terms and conditions become a part of the contract.
§ 14 Final Clauses
1. If the user is a merchant (Kaufmann), a legal entity under public law or a special body or fund under public law, the jurisdiction of our domicile applies for all disputes regarding our contractual relationship. The same applies in all cases in which the customer does not have a domestic general place of jurisdiction, further cases in which he has moved his domicile or usual place of residence – after conclusion of the contract- abroad, or cases in which neither the user’s domicile nor his usual place of residence are known at the time when a lawsuit is filed.
However, we have the right to file a lawsuit at the buyer’s seat.
2. If the customer is no consumer (“Verbraucher”), German law applies.
3. Should any regulation in these general terms and conditions be invalid or should this be the case in the future, the effectiveness of the remaining regulations remains unaffected. The legal regulations shall apply in this case.
4. We are willing to participate in a dispute settlement procedure in front of a consumer conciliation board.
The responsible consumer conciliation board is:
Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V.
Straßburger Straße 8
77694 Kehl am Rhein