Urban Sports GmbH | General Terms of Membership of Urban Sports
June 2022
General | Scope
These Urban Sports General Terms of Membership ("Terms") apply to all contracts between Urban Sports GmbH, Michaelkirchstraße 20, 10179 Berlin, Germany ("Urban Sports") and customers of Urban Sports ("Members") who are consumers within the meaning of Section 13 of the German Civil Code (Bürgerliches Gesetzbuch, "BGB"), i.e. persons who do not enter into a legal transaction for predominantly commercial or self-employed purposes, and to whom Urban Sports grants access to the Urban Sports platform(www.urbansportsclub.com) including all associated websites, applications and services (collectively, the "Platform").
Members can make use of various sports offers via the Platform ("Sports Offers"). Sports Offers are generally offered by cooperation partners of Urban Sports or by affiliated companies of Urban Sports such as sports facility operators, fitness studios and other third parties ("Partners") under their own responsibility ("Third-party Offers"). As far as expressly marked as such, Urban Sports also offers Sports Offers itself ("Own Offers").
These Terms apply to all application documents and application processes via a membership agreement conducted online, via email or via an App and agreed upon between Urban Sports and the Member (each, a "Membership"). These terms and conditions become part of each Membership.
Urban Sports provides the Member with the opportunity to take advantage of Sports Offers via the Platform. If the Member makes use of a Third-party Offer, the contractual agreements between the Member and the respective Partner apply exclusively. Urban Sports does not become a contractual partner of the Member and is therefore not responsible for the content, scope and fulfillment of the Third-party offer by the Partner.
The Partners are not representatives or vicarious agents of Urban Sports and Urban Sports is not a representative or vicarious agent of the Partners. Urban Sports is not obligated to receive inquiries and complaints from the Member regarding Third-party Offers, to forward notices from the Partners regarding Third-party Offers to the Member, or to mediate between the Member and the Partners.
These Terms also apply to future contracts between Urban Sports and the Member, without the need for a corresponding notice by Urban Sports in individual cases. These Terms shall be deemed to be confirmed by the Member at the latest when the Member uses the Platform
These Terms apply to the exclusion of all other conditions. Deviating, contradictory or supplementary general terms and conditions of the Member become part of a Membership only if Urban Sports has agreed to them in writing.
Individual agreements with the Member in special cases take precedence over these Terms if they have been agreed in writing.
Insofar as the terms 'in writing', 'in written form' or similar terms are used in these Terms, these refer to the written form within the meaning of § 126 BGB. The electronic exchange of copies, documents signed by hand and documents with a simple electronic signature (such as using DocuSign or Adobe Sign) shall be sufficient in this respect. Unless otherwise expressly stipulated in these Terms, the exchange of simple e-mails shall not be sufficient.
For reasons of practicability, the simultaneous use of feminine, masculine and diverse forms of language is dispensed with in these Terms and the generic masculine is used. All references to persons apply equally to all genders.
All notifications and declarations that the Member submits to Urban Sports, in particular notices of termination and setting of deadlines, must be submitted at least in text form as defined by § 126b BGB (for clarification: a simple e-mail is sufficient), unless otherwise specified in these Terms.
References in these Terms to the applicability of legal regulations are for clarification purposes only. Consequently, the legal regulations shall apply even if no such clarification is made, unless the legal regulations are supplemented or expressly excluded in these Terms.
Use of the Platform | Free Trial
In accordance with the Membership Urban Sports grants the Member in return for the payment of a Membership Fee the use of the Platform to the extent specified in the Membership.
Urban Sports will endeavor to provide as broad and varied a program of Sports Offers as possible. However, the Member is not entitled to any particular Sports Offers or any particular minimum number, scope or type, form or quality of Sports Offers orto have sports offerings in a presence on site.
For a period to be determined by Urban Sports in its sole discretion, Urban Sports may grant the Member limited use of the Platform free of charge for trial purposes ("Free Trial"). Urban Sports has the right to reduce, limit or otherwise modify the scope of services provided for Free Trial at any time without prior notice. The Free Trial does not constitute a warranty for (future) product features. According to the terms agreed upon in the Membership, the Free Trial may end and automatically turn into a paid Membership.
Urban Sports is entitled to use subcontractors to fulfill its contractual obligations.
Membership account │Establishment of a Membership | Tariff change
In order to use the Platform, the Member must create a member account by accepting these Terms, entering certain personal data in a registration form provided online by Urban Sports and setting a password of his/her choice ("Member Account"). Thereafter, the Member must apply for a Membership with Urban Sports through the Member Account. Offers of Urban Sports about Memberships are not binding. By sending the application, the Member makes a binding offer to conclude a Membership.
The application process includes the following steps: Selecting a rate, reviewing and/or correcting the selection, entering the relevant data, selecting the payment method and bindingly submitting the application by clicking an application button. The Member's application only becomes a binding Membership for both parties when Urban Sports confirms the acceptance of the application to the Member in an email ("Application Confirmation"). The Application Confirmation also contains further information about the Member's application and an application number.
The use of a Membership requires that the Member is of age and has a profile photo stored in her/his Member Account, which allows its clear identification, especially by Partners.
The Member has the option at any time to switch her/his Membership to a tariff with a lower or higher scope of services, in the former case with effect from the next billing period, in the latter case, at the Member's discretion, either with immediate effect or with effect from the next billing period. In the event of an immediate change, the Member shall be obligated to pay the correspondingly increased Membership Fee for the entire commenced billing period (thus also retroactively).
The Member is obliged to provide complete and accurate information when creating the Member Account. The Member is also obliged to keep the data in her/his Member Account up to date and is responsible for its accuracy and completeness.The Member is obliged to notify Urban Sports immediately of any changes to such data. Until the notification of changes, Urban Sports is entitled, but not obliged, to use the previous data for the fulfillment of its contractual obligations.
The Member may only maintain a one single Member Account.
Urban Sports reserves the right to delete inactive Member Accounts.Member Accounts for which there is no current Membership for a continuous period of more than one year are considered inactive. The Member may request Urban Sports to delete her/his Member Account, provided that there is no current Membership.
Urban Sports will not store the contract text (these terms and the respective application) after the conclusion of a Membership. The contract text is then no longer accessible to the Member.
Perceiving Sports Offers
In accordance with the Membership, the Member is given the opportunity to take advantage of certain Sports Offers via the Platform.The Member does not incur any fees in addition to the Membership Fee. This does not apply to additional fees that have been expressly pointed out to the Member in advance or to fees charged by the Partner for the provision of additional services (e.g., provision of training equipment or training devices).If the Member has nevertheless paid a fee not owed, the Member receives from Urban Sports against appropriate proof a corresponding credit in her/his Member Account, which is automatically offset against future Membership Fees.
Third-party Offers are generally carried out by the Partners in the form of on-site presence, virtual livestream and/or video-on-demand. Own Offers are generally carried out by Urban Sports as a virtual livestream and/or as video-on-demand.
If Third-party Offers are carried out at the Partner's location, the Member can check in electronically with the Partner via the Platform or, if necessary, have the Partner check her-/himself in manually by providing her/his Membership data. If third-party offers or Own Offers are carried out as a virtual livestream, the Member can check in electronically with the Partner or Urban Sports via the Platform.
The Member is required to identify her-/himself as a Member of Urban Sports each time she/he checks in with Partners.
Each check-in creates a contract between the Member and the respective Partner for the use of the relevant Third-party Offer in accordance with the agreements made between the Member and the Partner (including participation requirements, rules of conduct, additional fees, consequences of non-compliance, liability regulations, etc.).
Some Third-party Offers can already be reserved bindingly by the Member in advance. If the Member does not cancel an existing reservation within the applicable cancellation period via the Platform or with the Partner, she/he is obliged to compensate Urban Sports for the damage culpably caused by non-participation. In this case Urban Sports is entitled to demand a lump sum compensation of EUR 15,00 from the Member. The Member is allowed to prove that no or only a lesser damage has occurred.
Third-party Offers are subject to the availability of free places and corresponding training personnel of the Partner.
The Member is obligated to adhere to the respective contractual agreements with the Partners when using Third-party Offers.
The Member is prohibited from making video and/or audio recordings of Sports Offers.
Rights of use | Restrictions of use
Subject to the terms of the Membership, Urban Sports grants the Member a non-exclusive, non-transferable, non-sublicensable, worldwide right to use the Platform solely for the Member's private purposes during the term of the Membership. The Platform is offered as currently described on the Urban Sports website, including the Member on-boarding process and the Frequently Asked Questions (FAQs) section ("Documentation").
The Member shall not (and shall not permit any third party to) directly or indirectly: (a) sublicense, sell, resell, transfer, cede, distribute, share, lease, rent, externally commercially exploit, outsource or otherwise generate revenue from the Platform; (b) copy the Platform onto any public or distributed network; (c) decompile, reverse engineer, disassemble, or otherwise attempt to obtain source code, object code, or underlying structural ideas, know-how, or algorithms or other functional mechanisms of the Platform, except as permitted by mandatory law in a particular case; (d) modify, adapt, translate or create derivative works based on the Platform (except to the extent permitted by Urban Sports or as authorized under the Platform); (e) modify any proprietary rights notices appearing on the Platform or any part thereof; (f) use the Platform in a manner that violates applicable laws and regulations (including export rules and restrictions, national security controls and regulations) or outside the scope of the license set forth in this Section; or (g) use the Platform to (i) store, download or transmit infringing, defamatory or otherwise unlawful or unauthorized material or malicious code or malware; or (ii) engage in phishing, spamming, denial of service attacks or other fraudulent or criminal activity; (iii) interfere with or disrupt the integrity or performance of any third party system or the offerings or data contained therein; (iv) attempt to gain unauthorized access to the Platform or systems or networks; or (v) conduct penetration testing, vulnerability analysis or other security assessments.
The Member may not reproduce, process, share or publicly reproduce the contents of the Platform without the written consent of Urban Sports, unless this is expressly permitted by functions that are integrated into the Platform.
The Member may not directly or indirectly export or re-export the Platform or technical data, or copies, parts or products thereof in violation of applicable laws and regulations.
The Member may use the Platform only as described in the Documentation.
Obligations of the Member
The Member ensures and warrants that it will use the Platform solely in accordance with all applicable laws and regulations.
The Member is responsible for procuring and maintaining, at its own expense, technical equipment and related ancillary services necessary to connect to, access, or otherwise use the Platform and the Sports Offers, including, without limitation, modems, hardware, servers, software (including, without limitation, video (conferencing) and other third-party software for receiving Third-party offers as a virtual livestream), operating systems, and networks (collectively, "Technical Equipment"). Urban Sports makes no representations or warranties as to the availability and/or specific features of such Technical Equipment. Urban Sports' requirements for the Technical Equipment can be viewed in their current version on the website of Urban Sports.
The Member is also responsible for the security of the Technical Equipment, her/his Member Account, user ID, passwords (in particular her/his user password) and files, as well as any use of her/his Member Account or Technical Equipment known or unknown to the Member. The Member must not disclose any user IDs and passwords to any unauthorized third party and shall store and keep them in a secure manner.
If there is a suspicion that an unauthorized person has gained knowledge of a user ID and/or password of the Member, the Member is obliged to inform Urban Sports immediately and furthermore to change the user ID and/or password in question.
In the event of a known or suspected breach of security or misuse of the Platform, the Member is obliged to inform Urban Sports immediately.
The Member is not authorized to allow third parties to use her/his Member Account.The Member must not provide third parties with unauthorized access to Sport offers, in particular to enable them to participate in Sports Offers in the form of virtual livestreams and/or as video-on-demand (e.g. forwarding hyperlinks).
The Member is solely responsible for the content of all data and other material displayed, posted, uploaded, stored, shared or transmitted by the Member through or by means of the Platform(collectively, "Member Content"). Urban Sports is not able to control Member Data on an ongoing basis and does not endorse it.
Urban Sports may, without being obligated to do so, investigate complaints and suspected violations of law (including violations of the Membership, third party rights, and criminal and misdemeanor offenses) and may take interim or permanent measures that Urban Sports deems appropriate, taking into account the Member's legitimate interests. This includes rejecting, blocking or removing Member Content and restricting, blocking or terminating the Member's access to the Platform.
Maintenance and support
Subject to payment of the Membership Fee, Urban Sports will provide maintenance and support services for the Platform to the extent provided by the Membership. In this context, "Support" means Urban Sports' obligation to respond to Member's legitimate support requests with respect to the Platform by cooperating and providing assistance to Error Identification . "Maintenance" means, with respect to the Platform, Urban Sports' obligation to fix malfunctions and so-called bugs and to provide updates and upgrades, which are published by Urban Sports at its own discretion.
Support is available to the Member via https://urbansports.zendesk.com/hc/en and/or via an email address provided by Urban Sports for this purpose and/or via live chat on the Urban Sports website and/or at the telephone number provided on the Urban Sports website, in all cases during regular business hours.
Urban Sports shall use reasonable efforts, consistent with applicable industry standards, to maintain the Platform in a manner that minimizes disruptions and interruptions to the Platform. Member may report malfunctions to Urban Sports via https://urbansports.zendesk.com/hc/en and/or via an email address provided by Urban Sports for this purpose and/or via live chat on Urban Sports' website. Urban Sports will use commercially reasonable efforts to timely resolve all reported faults, provided that (a) the Member provides Urban Sports with a detailed description of the fault and how it can be reproduced, and (b) this is done in accordance with the priority of the fault, as determined by Urban Sports in its sole discretion.
If the analysis by Urban Sports shows that a malfunction reported by the Member did not actually occur or is not attributable to the Platform, Urban Sports may charge the Member for those costs that Urban Sports can prove to have incurred in connection with such analysis.
The cost of Maintenance and Support is included in the Membership Fee.
Platform availability
Subject to payment of the Membership Fee by the Member, Urban Sports provides the Member with the Platform in accordance with the regulations of this clause. 8 at the Member's disposal.
Urban Sports will use reasonable efforts to ensure that the Platform is available to Member via the Internet no less than ninety-nine point five percent (99.5%) of the calendar year (based on twenty-four (24) hours per day, seven (7) days per week), excluding (a) temporary unavailability due to scheduled or unscheduled maintenance by Urban Sports or by third party providers, and (b) unavailability for reasons beyond Urban Sports' control. Urban Sports will use reasonable efforts to provide advance notice of any scheduled interruptions to the Platform.
The Member is aware and acknowledges that the access of the Member to the Platform, such as an internet access of the Member, cannot be guaranteed by Urban Sports and that Urban Sports is not liable for failures of the internet connection or the technical equipment of the Member.
Membership Fee | Payment Terms | Offset Limitation
The Member is obligated to pay the fee agreed upon for the Membership (the "Membership Fee") to Urban Sports.
The Member is obliged to use one of the payment methods offered on the Platform to pay the Membership Fee.
Urban Sports is entitled to block the Member's access to the Platform by notification in text form (a simple email is sufficient) in accordance with § 320 BGB (German Civil Code) if payments are not received by Urban Sports within five (5) days after their due date.
If the collection of the Membership Fee fails, the Member shall bear the additional costs incurred and for which she/he is responsible. In case of a return debit note (e.g. due to insufficient account coverage, non-existing account or unjustified objection), the Member authorizes Urban Sports to resubmit the respective debit note, whereby the Member is obligated to pay Urban Sports a processing fee of EUR 2.50 per return debit note, provided that the Member is responsible for the return debit note. Further claims of Urban Sports remain unaffected. The Member is allowed to prove that lower or no costs were incurred by the return debit note.
The Member is only entitled to set off his own claims against claims of Urban Sports if her/his claims (a) have been finally adjudicated; (b) are undisputed; or (c) have been acknowledged by Urban Sports.
Vouchers | Recommendations
Vouchers that are not for sale but which Urban Sports issues free of charge as part of promotional campaigns ("Promotional Vouchers") are only valid on the Platform and only during the period specified therein. The voucher conditions of the respective Promotional voucher apply. Promotional Vouchers are non-transferable. Individual services may be excluded from a Promotional voucher campaign. Unredeemed Promotional Vouchers can be deactivated by Urban Sports at any time. Promotional Vouchers can only be redeemed once and cannot be combined with each other. If the value of the Promotional Voucher is not sufficient for full payment, the Member can make up the difference using the payment options offered by Urban Sports. If the value of the Promotional Voucher exceeds the value of the amount to be paid, the remaining balance of the Promotional Voucher will be forfeited and will not be refunded by Urban Sports. In the event of a revocation, the Member is not entitled to claim reimbursement of the amount attributable to the Promotional Voucher.
Vouchers that are available for purchase ("Gift Vouchers") are valid only on the Platform and only in accordance with the terms and conditions of the relevant Gift Voucher. If the value of the Gift Voucher is not sufficient for full payment, the Member may make up the difference using the payment options offered by Urban Sports. Any remaining balance will not be paid out in cash or earn interest. Gift vouchers cannot be used to purchase additional Gift vouchers.
The Member may recruit other persons as a new Member by providing such person with a personal referral code stored in her/his Member Account. If the respective person successfully concludes a Membership by providing the referral code, she/he will receive a one-time discount and the Member will receive a certain credit in her/his Membership account, in each case according to the respective referral conditions. Upon termination of the Membership, the credit expires and is not refunded by Urban Sports.
The Member is not entitled to make Promotional Vouchers or referral codes available to the public or use them commercially.
Duration | Termination | Pause
The Membership begins at the time agreed therein and runs in principle for an indefinite period. Urban Sports or the Member can terminate the Membership at any time within the notice period agreed for the Membership.
The right of the parties to extraordinary termination of the Membership for good cause shall remain unaffected.Such good cause shall exist in particular if (a) the Member is in arrears with payment for more than thirty (30) days;(b) the Member intentionally provides false personal, contact or payment data or otherwise deceives as to her/his or her identity; (c) the Member allows third parties to use her/his Membership unauthorized;(d) the Member violates the restrictions of use to Section 5 or (e) the Member violates the obligations pursuant to section 6.6.
The Member is entitled to pause the Membership for a period of one (1) up to a total of six (6) full Membership month(s),if the Membership provides for this possibility.A pause must be requested no later than one (1) business day prior to the end of the applicable billing period and may be terminated at any time, effective immediately, by declaration to Urban Sports or by taking advantage of Sports Offers.Pauses may be shortened or extended by a full Membership month(s) at any time. In the event of immediate termination of a pause, the Member is obligated to pay the corresponding Membership Fee for the entire billing period that has begun (thus also retroactively).
If the Member gives ordinary notice of termination of the Membership during a pause, the termination shall take effect at the end of the next billing period following the pause, unless otherwise agreed.If the Member pauses the Membership after a declared ordinary termination, the termination shall, unless otherwise agreed, only become effective at the time at which it would have become effective without the pause but extended by the duration of the respective pause.
Temporary Membership benefits (such as Promotional Vouchers and referral codes) are not affected by a pause and may therefore expire during a pause.
Limited warranty for the Platform
It is the Member's responsibility to verify that the Platform, as described in the Documentation, meets her/his needs and desires. The Member is aware of the essential functions and features of the Platform. The scope, nature and quality of the Platform are determined by these Terms, the Membership and the Documentation. Other information or conditions will only become part of the Membership if the Member and Urban Sports have expressly agreed in writing or if Urban Sports expressly confirms this in writing. Product descriptions, illustrations, test programs, etc. are not guarantees or agreements on quality. The issuance of a guarantee is only effective if it is confirmed in writing by the management of Urban Sports.
Urban Sports warrants that the Platform will have the essential features described in the then-current Documentation for the applicable version of the Platform. In the event of a breach of this warranty, Urban Sports shall use commercially reasonable efforts to modify the Platform to substantially conform to the Documentation. Unless Urban Sports is able to substantially restore such functionality within thirty (30) days after written notice of the breach, the Member shall be entitled to terminate the Membership by written notice and receive a pro-rata refund of the Membership Fee, if any, paid by the Member in advance for unused access to the Platform. The Member may exercise the foregoing rights only if the Member has given Urban Sports written notice of such violations and has used the Platform in accordance with the Documentation. A strict liability of Urban Sports for the existence of initial defects according to § 536a BGB is excluded. Claims for damages of the Member, which are based on a breach of this warranty, are subject to the limitations according to section 16. Any legal warranty rights remain unaffected by this clause 12.2.
Ownership and property rights | Member content | Updates
Urban Sports and its contractors, if any, are and shall remain the owner of all proprietary rights, including copyrights, database rights, patents, trade secrets, trademarks and all other intellectual property rights and technical solutions in and relating to the Platform. The Member acknowledges that the rights granted under the Membership do not give the Member any ownership rights to the Platform.
All rights to the Member content, as well as to data based on or derived from the Member content, remain with the Member. The Member grants Urban Sports a simple, non-transferable, sublicensable, spatially and content-wise unrestricted (right of use) to use the Member content exclusively in connection with the provision of the platform, also towards other members and Partners.
Urban Sports reserves the right to make new versions and updates of the Platform, in particular changes in the design, operational procedure, technical specifications, systems and other functions of the Platform, especially to the extent that they are necessary to maintain the conformity of the Platform with the contract or for compelling technical, economic or legal reasons.
Privacy
The Member and Urban Sports will at all times comply with the requirements of applicable data protection law, in particular the GDPR.
The processing of personal data by Urban Sports is explained in more detail in Urban Sports Privacy Policy, which can be accessedhere.
Indemnification obligation
Without prejudice to any other contractual or legal liability of the Member, the Member shall defend, indemnify and hold harmless Urban Sports and any Affiliates of Urban Sports, employees and subcontractors, and suppliers and dealers of Urban Sports, at the Member's expense, from and against claims of third parties to the extent that such claims arise out of or are asserted in connection with a violation of Section 5 or otherwise arise or asserted in connection with the use of the Platform by the Member. The Member shall pay in full all costs and damages established by a court of competent jurisdiction against Urban Sports as a result of any such claim. An "Affiliate" is any entity that Urban Sports directly or indirectly controls, is controlled by, or is under direct or indirect common control with Urban Sports, or is a wholly owned subsidiary of Urban Sports, where 'control' means direct or indirect ownership of at least fifty-one percent (51%) of the stock or beneficial interest in an entity.
In connection with a claim for indemnification under this section 15, Urban Sports shall promptly inform the Member of any third-party claim on the basis of which Urban Sports believes it is entitled to seek indemnification from the Member. Urban Sports' failure to provide such information shall not relieve the Member of its obligations under this section 15, unless the failure to provide such information materially impairs the Member's legal defense against such claim. Urban Sports may, at its own expense and discretion, assist in the legal defense, but it shall be the Member's responsibility to take appropriate steps to defend itself and to conduct any settlement negotiations. Any settlement that would legally bind Urban Sports shall not become effective until Urban Sports consents to it in writing, which consent shall not be unreasonably withheld, conditioned or delayed by Urban Sports.
Limitation of liability
Urban Sports is liable without limitation for (a) injury to life, body or health by Urban Sports, Urban Sports legal representatives or vicarious agents; (b) damage caused intentionally or by gross negligence by Urban Sports, Urban Sports legal representatives or vicarious agents; (c) damage due to the absence of a guaranteed property; and (d) claims under the Product Liability Act (ProdHaftG).
Urban Sports is liable for damages resulting from the breach of cardinal obligations by Urban Sports, Urban Sports legal representatives or vicarious agents. Cardinal obligations are those obligations whose fulfillment makes the proper execution of the contract on the Membership possible and on whose compliance the Member regularly relies and may rely. If the violation of cardinal obligations is caused by slight negligence of Urban Sports, Urban Sports legal representative or vicarious agents, the liability of Urban Sports is limited to the amount that was foreseeable for Urban Sports at the time of the provision of the respective service.
Subject to the regulations in section 16.1 and 16.2 Urban Sports shall not be liable for damages resulting from the breach of obligations that do not constitute cardinal obligations and that were caused by slight negligence by Urban Sports, Urban Sports legal representatives or vicarious agents.
Urban Sports is liable for data loss only up to an amount that covers the typical costs of recovery that would have been incurred if the Member had made proper and regular backups.
Subject to the provision in section 16.1 the liability of Urban Sports for damages arising out of or in connection with the Membership, whether in contract, tort or otherwise, shall be limited to an amount equal to one hundred fifty percent (150%) of the total Membership Fees under the affected Membership.
Urban Sports does not vouch for the fact that the Member achieves a certain training success by using the platform. Participation in Sports Offers is at the Member's own risk and should only take place after prior medical consultation.
Any liability of Urban Sports beyond the cases regulated in this section 16 is excluded.
Information about the Right of Withdrawal
The Member has the following right to withdraw from the contract:
Information about the Right of Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period is fourteen (14) days from the day of the conclusion of the contract. In order to exercise your right of withdrawal, you must inform us, Urban Sports GmbH (registered office: Michaelkirchstraße 20, 10179 Berlin, Germany; e-mail address:[email protected]), of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). For this purpose, you can use the sample withdrawal form below, which, however, is not required.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the withdrawal
If you cancel this contract, we will reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen (14) days from the day on which we received the notification of your withdrawal of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have agreed that the service should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
Sample withdrawal form
If you want to withdraw from the contract, you can do so, for example, fill out the following form and send it to Urban Sports GmbH, Michaelkirchstraße 20, 10179 Berlin, Germany, [email protected]:
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service (*):
Ordered on (*):
Received on (*):
Your name:
Your address:
Your signature (only if communicated on paper):
Date:
[(*) = delete as applicable]
End of the information about the Right of Withdrawal
The Member expressly agrees that Urban Sports begins with the execution of the contract before the expiration of the revocation period mentioned in section 17.1. In the event of a revocation, the Member is obligated to pay Urban Sports compensation in the amount of EUR 15.00 per Sports Offer used.
Transfer | Novation | Prohibition of Assignment
Urban Sports is entitled to transfer the Membership and/or related rights in whole or in part to third parties,provided that such transfer does not affect the rights of the Member under the Membership.
At the request of Urban Sports, the Member shall immediately enter into a novation agreement with a third party to enable Urban Sports to exercise the rights under clause 18.1 enable.
The Member may not assign her/his rights or obligations arising from the Membership and these Terms without the prior written consent of Urban Sports. This does not apply to claims directed to money.
Complete Agreement | Severability Clause | Amendments | Updates
The Membership, including these Terms, constitutes the entire agreement between the Member and Urban Sports with respect to its subject matter and supersedes and excludes all prior written or oral negotiations, arrangements, understandings, exercises or agreements between the parties with respect to its subject matter.
If any provision of the Membership, including these Terms, is or becomes invalid or void, in whole or in part, this shall not affect the validity of the remaining provisions.In this case, the invalid or void provision shall be replaced by a provision that comes closest to what the parties would have agreed in a legally permissible manner according to the meaning and purpose of the original provision and the respective contract if they had recognized the invalidity or voidness of the original provision. If the ineffectiveness or invalidity of a provision is based on a measure of performance or time (deadline or date) specified therein, it shall be replaced by a provision with a legally permissible scope that comes closest to the original scope. The foregoing shall also apply to any loophole in the respective contract including these Terms not intended by the parties.
Changes or amendments to the Membership must be made in writing (the exchange of simple e-mails is sufficient).The same applies to agreements to deviate from this written form requirement or to waive it completely.
Urban Sports may amend and/or update these Terms with effect for the future if this is necessary for technical, economic or legal reasons and insofar as this does not constitute a change that affects the basis of legal relations between the parties and is equivalent to the conclusion of a new contract. Any amendment to these Terms shall be announced to the Member in text form (a simple e-mail is sufficient) at least six (6) weeks before its intended entry into force. The Member may agree or object to the amendment before the date of its intended entry into force. The amendment shall be deemed accepted by the Member if the Member does not object to the amendment before the date of its intended entry into force. Urban Sports will expressly inform the Member in the relevant announcement.
Applicable law | Consumer arbitration board
The Membership and all (contractual or non-contractual) disputes or claims arising out of or in connection with the Membership or its subject matter or conclusion shall be governed by the mandatory laws of the state in which the Member has its habitual residence (i.e. those provisions of the law of that state which cannot be derogated from by agreement). In all other respects, the law of the Federal Republic of Germany shall apply.The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
The European Commission operates an online arbitration board which can be reached via this link. Urban Sports is not obliged to participate in a dispute resolution procedure before this arbitration board or before any other consumer arbitration board and is not willing to do so.
Urban Sports GmbH
Berlin Charlottenburg Local Court, Germany, HRB 146289 B
May 2022