Academic Art of Riding by Bent Branderup ®

Terms and Conditions

of the Branderup ApS, represented by Bent Branderup, Østergade 4, DK-4891 Toreby L, hereinafter referred to as Provider.

§ 1: Interpretation of terms

1) The Provider offers didactical videos for horse-back riding as well as didactical videos for the instruction of horses via the website www.bentbranderupfilms.com (hereinafter, didactical videos). The following terms and conditions apply to the business relationship between the Provider and any Customer in the version which is applicable at the time the contract is sealed.
2) Consumers as meant by these terms and conditions are natural persons who enter contracts for purposes that can neither be ascribed to their employment nor entrepreneurship. An entrepreneur as meant by these terms and conditions is a natural or legal person or association with legal personhood who enters a contract in a commercial or entrepreneurial function. Customers as meant by these terms and conditions can be both consumers and entrepreneurs.
3) Any individual agreements regarding a contract shall trump these terms and conditions. Any diverging, contradictory or complementary terms and conditions by another party shall not become part of the contract unless this is explicitly agreed.

§ 2 Nature of service

1)    The customer can use didactical films provided by the Provider at www.bentbranderupshop.com by way of streaming.
Streaming as meant by these terms and conditions is the use of the video by the customer in a way that is real-time, does not change the material in any way and does not result in the video material being saved permanently on the user’s end device.
The customer receives the right of use only, being non-exclusive, non-transferrable and limited and referring only the use by way of streaming of the content provided on www.bentbranderupfilms.com within the contractual limits.
Any further use, particularly the conversion of the accessible content, its permanent saving, transferral to other persons or the trading or uploading of such didactical videos in online platforms is not allowed.
2)    The nature of the service promised by contract is not that the learner will achieve a specific success by using the provided didactical videos or applying the learning techniques explained therein.

§ 3 Entering into a binding contract

1)    By providing a didactical video on the site www.bentbranderupshop.com for streaming, the Provider makes a binding offer for the real-time, non-modifying use of the didactical video selected against payment of the specified price. A contract is then constituted by the customer’s instructing his or her payment towards the Provider through PayPal.
2)    An exception from this rule does only apply where the Provider has the legal right to take his offer back. Insofar as such a legal right exists and the Provider thus takes back his offer, no contract is constituted.

§ 4 Accreditation and Registration

1)    Before being able to stream didactical videos, a customer must register.
2)    The customer must give correct information as to his or her person in the registration form at www.bentbranderupshop.com, particularly the correct first and last name of his or herself or of a guardian, the correct address and invoice information and a pass word. The customer assures by registering that his or her personal information is given correctly and comprehensively, and assures to inform of any relevant changes without delay after they arise.
3)    Aside from this, the contract is entered in accordance with § 3 of these terms and conditions.
4)    Should the customer become aware of any misuse of his access information by a third person, he or she shall inform the Provider without delay. In the case of misuse the Provider has the right to stop the access of the customer to the services requested by him or her. Once such a stop is put into place, it can only be lifted after an express request by the customer.

§ 5 Prices and remuneration

1)    The prices given at www.bentbranderupshop.com at the time the contract is entered are applicable. All prices include VAT.
2)    As long as nothing else is expressly agreed, no other costs of transaction are incurred by the use of a didactical video.
3)    The stated prices do not include the cost which the provider of the internet connection may demand.
4)    Customers may pay the remuneration necessary for the didactical videos on www.bentbranderupshop.com via PayPal. For this, the customer must register under www.paypal.com. The terms and conditions of www.paypal.com apply. Only when PayPal confirms that payment has been made does the Provider enable streaming of didactical videos.
5)    The customer can only claim a right to summation insofar as his or her claim against the Provider has either been judicially confirmed or is accepted by the Provider. This does not apply to the claims resulting out of the contract with the Provider itself. The customer can only claim a right to retention insofar as his claim against the Provider results out of the same contract.

§ 6 Right to cancellation for consumers

Consumers can cancel their entering a contract if the following prerequisites are met:

Notice of cancellation

Right to cancellation

You may cancel your statement of contract within 14 days without having to give reasons, this can be done in the form of text (e.g. by letter, telefax or email) or – should the object have been provided to you before the end of this phase – by simply sending it back. This period of time begins after you have received this information on your right in the form of text, however at the earliest at the time when the customer receives the object (in the case of recurring delivery of objects this applies to the first part of the recurring delivery) and also at the earliest after we have fulfilled our duty to inform you pursuant to Art.246 § 2 in connection with § 1 and 2 of the “Einführungsgesetz zum Bürgerlichen Gesetzbuch” (EGBGB) as well as our duties pursuant to § 312g Para.1 Sentence 1 in connection with Art.246 § 3 EGBGB. You can meet the time period of 14 days by sending the notice of cancellation or the object itself within this period.

Send your notice of cancellation to:

Branderup ApS
Toreby Østergade 4
DK-4891 Toreby L

support@bentbranderupshop.com

Consequences of cancellation

In the case of a legally effective cancellation, both sides must return any services or objects received, as well as benefits drawn therefrom (e.g. interest). If you cannot return the services or objects received in their original state or the benefits drawn therefrom, you must compensate us instead. Such compensation must only be paid where the object or service has been used in a way that exceeds the mere inspection of the object and its functionality. Inspection of the object and its functionality means testing the object in a way that is usually possible in a shop. Objects which can be sent by package shall be sent back to us, we will bear the cost and the risk for this. Objects which cannot be sent by package shall be collected from you. Any duties to compensate shall be met within 30 days. This period of time begins, for you, when you send the notice of cancellation of the object, and for us with the receipt of the same.

Please note

Your right to cancellation does not exist anymore once the contract has been fulfilled by both sides following your express wish.

End of the information on the right to cancellation

§ 7 Rights of use for the customer / copyright

1)    The customer acquires the non-transferrable right to stream the didactical videos provided at www.bentbranderupshop.com pursuant to § 2 of these terms and conditions exclusively for personal use and for non-public display.
2)    This right of use does not include the right to save or copy these didactical videos onto end devices or data storage media.
3)    The customer may not provide access to the didactical videos to third persons, forward, imitate, let, sell, or use commercially in other ways.
4)    Protective laws particularly in respect of intellectual property apply to all didactical videos provided at www.bentbrandrupshop.com.
5)    The files provided by the Provider may include digital water-marks. Digital water-marks are information inscribed into media data in a manner that makes them inseperable from the actual media data, thus allowing a reliable verification of the origin of such media data.

§ 8 Defects liability

1) The Provider is liable for defects in the contractually agreed services only pursuant to the law and to these terms and conditions and only insofar as this defect is not simply that the service is not easily accessible.
2) If the services promised contractually by the Provider contain a defect, the Provider shall mend or renew his service within adequate time. For the nature of the service, § 2 of these terms and conditions is authoritative.
3) If the Provider does not succeed in mending or renewing his service within an adequate period of time pre-defined by the customer and for reasons for which the Provider is liable, the customer shall have the right to adequately reduce the payment to the Provider.
4) The customer shall inform the Provider of any defects without delay after they arise, in writing or by email.
5) The customer shall support the Provider and provide him with any documents or information necessary for the analysis and removal of defects, insofar as this is tolerable.
6) At the present state of technology, the transmittal of data through the internet cannot be expected to be without interference and accessible at all time. This is why the Provider does not accept liability for technical defects which do not stem from his sphere, particularly for the non-stop accessibility of data bases and their content or for the accessibility of the full scope of content provided therein.
7) The Provider guarantees that his servers will be accessible 99 per cent of the time on the average over a year and 98 per cent of the time on average over a month, as long as he does not act grossly negligent or with intent. This does not apply to times in which the servers are not accessible without the Provider’s influence. This applies to force majeure, the acts of third persons who are not mandated by the Provider, or technical problems outside of the sphere of influence of the Provider. Also, the hard and soft ware used by the customer may have negative effects on accessibility.
The Provider may limit access to the services when and if this is necessary for reasons of safety of the net service, in order to maintain the integrity of the net, particularly in order to avoid harsh disruptions of the net, the soft ware or any saved data.

§ 9 Limits of liability

1)    The Provider is not liable for the functionality of the data transmittal lines leading to his servers, when the reasons are power shortage or when the services are disrupted by force majeure or by incidents which are known to disrupt service. Such incidents may be strikes, lock-outs, government orders, the disruption of communication nets and gateways of other providers, disruptions in the sphere of such other providers or other disruption which fall into the risk of other providers.
2)    The Provider is only liable for harms to life, health and body insofar as these originate in deliberate or grossly negligent acts or in culpable non-compliance with a central provision of the contract by the Provider or his subcontractor. Central provisions of the contract are provisions the fulfilment of which by the Provider is the meaning of the contract. All Provisions of the German Produkthaftungsgesetz (Code on the Liability for Products) remain applicable. In the case of minor negligence, the Provider is liable only for damages typical according to the nature of the contract.
3)    The Provider is not liable for the loss of data and/or soft ware programmes insofar as these damages have been caused by the customer’s failure to secure his or her data and thus ensure that any losses can be retrieved without an inadequate effort.
4)    The Provider is only liable for his own content on www.bentbranderupshop.com. Where the Provider offers links to other websites, he does not accept liability for the contents found on those other websites. The Provider does not affirm or adopt content belonging to others. Where the Provider becomes aware of illegal content on external websites, he will block the access to such website without delay.
5)    The Provider does not give customers a warranty in the legal sense of the word unless this is explicitly agreed.
6)    Once again it is stated that the Provider, pursuant to § 2 of these terms and conditions, does not owe a certain success of the learner after the didactical videos have been used. The didactical methods and contents displayed therein can not always lead to the same quality of results. Rather, these effects rely also on the individual’s application of these methods.

§ 10 Final Provisions

The law applicable is that of the Federal Republic of Germany. For consumers who do not enter the contract for commercial or entrepreneurial reasons, this choice of forum is only applicable insofar as the law of the consumer’s home state does not stipulate explicit rights which would otherwise be withheld from him or her. The provisions of the CISG (Covenant on the International Sale of Goods) do not apply. § 120 TDSG is applicable.