1.1. These General Terms and Conditions (TC) apply to all terms and conditions between Woow Club GmbH, Kaiserdamm 87, 14057 Berlin (hereinafter: Woow Club) and its customers.
1.2. The term “Service” includes the contractual relationship irrespective of the corresponding type of contract. The term “user” includes the respective contractual partner of Woow Club.
1.3. These General Terms and Conditions shall also apply in the event of deviating terms and conditions of the user, unless these are accepted in writing by Woow Club.
1.4. Individual agreements as well as ancillary agreements and supplements shall take precedence over the General Terms and Conditions, insofar as these have been agreed in writing.
2.1. Consumers of legal age are entitled to use the platform. The use of the services of the platform requires a registration with indication of the e-mail address of the user. The use is free of charge.
2.2. During registration, a user account (basic account) is created. The user enters his e-mail address, which will be the future user name, and chooses a password. The access password can be changed by the user at any time and must be kept secret in any case. After registration, each user receives a user account, which contains at least the following data: Name, e-mail address.
2.3. Access to the user account is provided to the user exclusively on the Woow Club website. In the user account, the agreed content is made available for viewing and use.
3.1. The user must assign a password during registration for the user account. The user account may only be used by the user himself. Passing on the access data to third parties is strictly prohibited. The user must ensure that third parties do not gain unauthorized access by selecting an insecure password (less than 8 characters and without numbers and special characters) or by saving or otherwise securing the selected password.
3.2. The user is responsible for all activities related to his membership account.
3.3. It is prohibited to use mechanisms, software or other scripts in connection with the use of the Platform that impair the functionality or accessibility of the Platform or to modify, delete or overwrite content created and managed by the Provider.
4.1. There are no costs for registration and use of the basic account.
4.2. Woow Club reserves the right to offer additional content for a fee in the future and to change the terms and conditions accordingly. In this case, the basic account remains free of charge. Costs for the user arise in any case only with binding order of additional content.
5.1. Woow Club may make the use of the Platform or individual functions subject to certain conditions, such as verification of registration data, duration of use, payment behavior or subject to the presentation of certain evidence (e.g. proof of identity, purchase, payment or ownership). In particular, Woow Club may, under certain conditions, block the activities (e.g. posting of offers / acceptance of offers) of a user and make them dependent on further conditions, such as prior verification or examination of complaints.
5.2 In case of misuse of services of Woow Club or other users by the user and after a reminder by the provider to the user to refrain from such behavior, Woow Club reserves the right to make the respective user account inactive after notification, or to delete it after ordinary or extraordinary termination.
5.3 Woow Club is entitled to display advertising on all pages of the platform. Woow Club reserves the right to change the appearance, structure and functionality of the platform, its subpages and other such offers at any time without the consent of the user, provided that the scope of services owed is not reduced and the user is not unreasonably disadvantaged.
5.4 Woow Club regularly backs up the user’s data on the server for which Woow Club is responsible to an external backup server. The user may save this data at any time for backup purposes and is obliged to do so at regular customary intervals.
5.5 Woow Club does not receive any further rights of use or exploitation and, in particular, will not publish the contents uploaded by the users in the software and make them accessible to third parties, insofar as this is not necessary for the purpose of the contract.
5.6 After termination of the contract, Woow Club shall return to the user all documents provided by the user and still in the possession of Woow Club as well as data carriers related to the present contract and shall delete the data stored by Woow Club, unless there is a duty or right to retain such data.
5.7 Woow Club is entitled to unilaterally amend these TC at any time, insofar as serious reasons – which cannot be influenced by Woow Club – which lead to an unforeseeable change in the contractual equivalent relationship and therefore require an amendment, taking into account the interests of the contractual partner, make this necessary. Changes are only possible insofar as they do not unreasonably disadvantage the user or violate good faith. The user will be informed of an adjustment 6 weeks in advance by e-mail with notification of the content of the amended provisions. This e-mail shall contain the amended Terms and Conditions as well as a reference to the right of objection, the objection period and its consequences in the event of failure to object. The amendment shall become part of the contract if the user does not object to the inclusion in the contractual relationship in writing or text form within 14 days after receipt of the notification of amendment. Upon expiration of this period, the TC become valid for the user. TC of the previous version lose their effectiveness after expiration of the approval period.
6.1. The user relationship can be terminated by either party with a notice period of 30 days to the end of the month.
6.2. The right to extraordinary termination is not affected by this.
6.3. After termination of the contract, the user account will be blocked immediately. The user will then no longer have access to the user account and will consequently lose access to the free and paid content.
Woow Club grants users who are consumers within the meaning of § 13 BGB (German Civil Code) a right of revocation in accordance with the following revocation policy:
Cancellation policy
Right of withdrawal
You may revoke your contractual declaration in text form (e.g. letter, e-mail) within 14 days without stating reasons. The period begins after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfillment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations pursuant to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation is sufficient to comply with the revocation period. The revocation is to be sent to:
Via Mail: Woow Club, Kaiserdamm 87, 14057 Berlin or via E-Mail to: sandro@woowclub.com
Consequences of withdrawal
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the received performance and benefits (e.g. benefits of use), or are only able to do so in part or in a deteriorated condition, you must compensate us for the loss of value. This may mean that you must nevertheless fulfill the contractual payment obligations for the period until revocation. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation, for us with its receipt.
Special notes
Insofar as you wish to access the contents before the expiry of the right of withdrawal, you waive your statutory right of withdrawal. Your statutory right of revocation shall thereby expire.
Sample withdrawal form
(If you wish to revoke the contract, you can use the form below).
Mail: Woow Club, Kaiserdamm 87, 14057 Berlin or via E-Mail to: sandro@woowclub.com
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/.
– Ordered on (*)/received on (*):
– Name of consumer(s):
– Address of consumer(s):
– Date:
(*) Delete as applicable.
End of the cancellation policy
8.1. Within the scope of the contractual relationship, the user receives access to the member area to the contractually agreed extent by means of “streaming” to the digital content, as described above.
8.2. The user receives a limited, non-exclusive, time-limited (for the agreed duration or until termination of the usage relationship) right to use the agreed digital content. The content may be used exclusively on a strictly personal basis.
8.3. Die bereitgestellten Inhalte dürfen nicht an Dritte weitergegeben oder anderweitig genutzt werden.
8.4. It is expressly prohibited to permanently store, reproduce or publish the content provided.
8.5. Woow Club is entitled to take appropriate technical measures to prevent use beyond the permitted scope of the website, in particular to install suitable access barriers.
8.6. The user may not at any time use devices, products or other means that are suitable for circumventing or overcoming the technical measures.
8.7. The website is a database work according to §§ 87a ff. UrhG.
8.8. Insofar as the user uses the content in a way that is not covered by the aforementioned rights of use, this entitles Woow Club to terminate the user relationship for cause. A possible compensation of Woow Club for the unauthorized use remains unaffected by this.
9.1 The availability of the website depends on different technical equipment of the users. In order to be able to use the website to its full extent and to access the platform, suitable technical aids (PC, tablet, cell phone and, crucially, Internet access) are required.
9.2 For technical reasons, uninterrupted availability of the digital content cannot be guaranteed. Availability can be impaired, for example, by regularly necessary maintenance and security work, but also by unforeseen events that are beyond the control of Woow Club. Planned work that leads to an impairment of availability will be carried out by Woow Club, as far as possible, during low-frequency periods. The display quality of the digital content may also vary from device to device and depend on the speed of the user’s internet connection and other factors. In this respect, Woow Club cannot be held liable for any deviations.
9.3 The user is obligated to notify Woow Club immediately and as precisely as possible of any functional failures, malfunctions or impairments of the software. If the user fails to do so, § 536c BGB shall apply accordingly.
10.1. The user can assert warranty claims against Woow Club in writing. These will be corrected within 14 days. Otherwise, the user is entitled to withdraw from the contract.
10.2. Because of further claims and rights Woow Club is only liable in case of intent and gross negligence according to legal regulations.
10.3. Claims for damages in tort are excluded, unless the damage was caused intentionally or by gross negligence.
10.4. In case of slight negligence, Woow Club shall only be liable in case of breach of an essential contractual obligation or in case of default or impossibility.
10.5. The liability from slight negligence, from tort as well as from compensation of futile expenses exists only for damages which are foreseeable and typical.
10.6 In cases of fraudulent intent, injury to life, body or health, for defects of title, the limitations of liability and the abridged warranty shall not apply.
The European Commission provides a platform for online dispute resolution (OS), which the user can find at this address: http://ec.europa.eu/consumers/odr/. Woow Club is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
The contract concluded between you and us shall be governed exclusively by the laws of the Federal Republic of Germany to the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the state in which you have your habitual residence remain unaffected.
13.1. Insofar as the user is an entrepreneur, the place of jurisdiction is Berlin.
13.2. Insofar as the user is a consumer, the place of jurisdiction is the user’s place of residence. If the user, contrary to his statements, does not have a residence in the Federal Republic of Germany or moves his residence abroad after conclusion of the contract or his residence is not known at the time of the filing of an action, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Berlin.
14.1. Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract.
14.2. Amendments or supplements to this contract must be made in writing.
14.3. Contract language is German. The text of the contract will not be stored after the conclusion of the contract. You will receive the order details by means of the order confirmation with all details to the e-mail address you have provided. You can view our terms and conditions and cancellation policy at any time on our site and save or print them using the print function of your browser.
