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Thank you for visiting our website.

If you want to use this website and/or any of the services offered, you must agree to conform to and be legally bound by

the Cancellation Policy and the General Terms and Conditions (GTC) described below.

IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ORDER ANY SERVICES FROM US OR USE ANY PARTS OF OUR WEBSITE.

ALL CONTENT AND LEGAL NOTICES ARE AVAILABLE EXCLUSIVELY IN ENGLISH.

IF YOU ARE UNSURE WHETHER YOU CAN FULLY UNDERSTAND ALL CONTENT IN ENGLISH, PLEASE REFRAIN FROM USING THIS OFFER.

MINORS:

Although our products and services are not age specific, we do not market our services or products to minors.

If you are below the age of 18 (or the legal age of majority where you live), you should only use our products and services with the permission and active involvement of a parent or legal guardian who agrees with our general terms and conditions.

If you are a minor, please do not provide us or other website visitors with any personal information.    

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1. CANCELLATION POLICY

(Cancellation instruction according to EGBGB Annex 1 to Art. 246a § 1 para. 2 sentence 2. Source: BGBl. I 2013, 3642 - 3670)  

Right of withdrawal

You have the right to cancel a contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day of the conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us (Hardgainer Training, owned by Daniel Grauer, Roßdörfer Str. 12,

64380 Roßdorf, Germany, [email protected], +49 176 32816650) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or an e-mail).

You can use the included model withdrawal form for this purpose, which is, however, not mandatory.

You can also fill in and submit the model withdrawal form or another clear declaration electronically on our website www.hardgainer-training.com.

You will find the electronic withdrawal form at the bottom of this page.

If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation

before the end of the cancellation period.  

Consequences of revocation  

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from 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 requested that the services 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 in respect of this contract compared to the total scope of the services provided for in the contract.

Sample cancellation form

(If you wish to revoke the contract, please complete and return this form).

Portal operator:

Hardgainer Training (owned by Daniel Grauer, Roßdörfer Str. 12, 64380 Roßdorf, [email protected], +49 176 32816650)

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only in the case of notification on paper)

- Date

(*) Delete as applicable.

(You will find an electronic version of this form at the bottom of this page.)

2. GENERAL TERMS AND CONDITIONS (GTC)  

(General Terms and Conditions of Use and Business for Consumers)  

§ 1 Services offered, scope of application

(1) These general terms and conditions of use and business (hereinafter: "GTC") of Hardgainer Training (owned by Daniel Grauer, Roßdörfer Str. 12, 64380 Roßdorf, Germany, [email protected], +49 176 32816650), (hereinafter: "Hardgainer Training") represent the conclusive

legal framework for all our services intended for consumers. Deviating and supplementary regulations only apply if this is expressly agreed.

These GTC are equally applicable to our free and fee-based offers.

(2) Hardgainer Training is an online learning system that allows users to expand their knowledge in natural bodybuilding in a simple, modern and efficient way. Some functions and contents are available to the user free of charge. Services that are subject to a charge are clearly identified as such and can be used against payment of the respective fees or prices provided.  

(3) These GTC and the services regulated thereby are exclusively intended for users who act as consumers. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity. Other terms and conditions apply to all other contractual partners.    

§ 2 Creation of a user account and conclusion of contract  

(1) The user will receive login credentials upon completion of the purchase. In order to complete this step, the user must enter his/her full name and

e-mail address in the payment form, along with his/her payment information. After successful transaction of payment, the user will receive an automatically generated e-mail with a hyperlink to the course platform where the content is hosted, and he/she will have to determine a password of his/her choice to access the content. The purchase includes access to a private community which is hosted on the same platform.

By completing the purchase and entering the hosting platform of the course and the private community,

you confirm your complete understanding and acceptance of the entire terms of service (GTC), including but not limited to,

all limitations of liability, and our privacy policy.

The prerequisite for opening a user account is that the user is of legal age or acting with the full consent of a parent or legal guardian.

Further data can be entered on the personal profile page inside the private community after the user account has been created.

Each user may only register once.

(2) The user is obliged to choose a sufficiently secure password and to keep it secret. As soon as the user becomes aware or should have become aware that his/her password is accessible to a third person, he/she must change the password immediately.          

§ 3 Term, extension and termination of the contracts  

(1) Unless otherwise stated upon conclusion of the contract, all contracts are understood as one-time payments

in exchange for access to the course material.

(2) Contracts acquired by "one-time payment" are expressly designated as limited or unlimited in time. If they are limited in time, the contract ends at the end of the term without requiring termination. If they are unlimited, the user has no further payment obligations without requiring termination. The user may still choose to terminate the contract to have his/her user account deleted. Termination of unlimited contracts will be effective within fourteen days of written notification. No refunds can be claimed by the user, if termination is requested more than 30 days after the original purchase.

(3) The termination of contracts within the contractual “30-day-money-back-guarantee” is primarily carried out via written notification

by e-mail to “[email protected]”.

The termination of contracts after more than 30 days since the original purchase is carried out via written notification

by e-mail to “[email protected]”. 

(4) The right to terminate for good cause remains unaffected for both parties.    

§ 4 Contractual "money-back guarantee" 

(1) We grant the user a contractual right to terminate contracts within 30 days after conclusion of the contract with immediate effect in accordance with section 3.3. If the user terminates within the aforementioned period, the fee paid will be refunded in full, using the same means of payment used for the original transaction, unless expressly agreed otherwise.

(2) The contractual "money-back guarantee" right of termination expires irrevocably after the expiry of a period of 30 days from the conclusion of the contract.  

§ 5 Payment modalities  

(1) Unless otherwise stated in the order process, fees for all contracts are due for payment in advance for the entire contract term.  

(2) Payment can be made via all payment methods listed in detail on the website without additional charges. We commission several external

(third party) payment service providers (e.g. PayPal and Stripe) to process the payment data entered by the user as part of the payment process.

By making a payment transaction through our website, you acknowledge that these transactions are subject to the terms and conditions and

privacy policies of these external payment service providers.  

(3) After selecting the desired payment system, the user enters his/her required data into the correspondingly provided data fields. The commissioned payment service provider is authorized to accept payments on our behalf. We reserve the right to restrict the payment system offered.  

(4) For SEPA core direct debits, a shortened advance notice period of 2 calendar days in Germany, Austria and Spain, of 5 calendar days in other countries, shall be deemed agreed.  

(5) Invoices shall be issued digitally. Invoices are not issued in paper form. Current invoices are provided as a PDF-document via e-mail. After payment has been made, some invoices may no longer be available.  

(6) Contracts can furthermore also be claimed by redeeming a matching coupon. If services are purchased via coupons, they are always only available for the limited period determined depending on the coupon. No further payment obligation arises. There is no invoicing.  

  § 6 Accessibility of the website, limitation of liability  

(1) We use the current and generally used technologies for our services. In order to be able to use our offer to the full extent, the user must also use these technologies (e.g. current browser technologies, Adobe Flash etc.) or enable their use on his/her computer or mobile device (e.g. activation of Java script, cookies, pop-ups). If older or not generally used technologies are used, the user may only be able to use our offer to a limited extent.  

(2) The Internet services required for use and the equipment necessary for this are the sole responsibility of the user with regard to the costs incurred, the availability and the security of the data connection.  

(3) Hardgainer Training expressly does not guarantee that the services offered are suitable for the goals specifically pursued by the individual user.

(4) Hardgainer Training provides bodybuilding, health and fitness content through the services.

Hardgainer Training is not a licensed medical service provider, health or fitness expert, and any information provided by us

should not be interpreted as medical advice or construed to form a physician-patient relationship.

Be sure to talk to your doctor if you have questions about what health or fitness services are suitable for you.

The information provided at Hardgainer Training does not guarantee any specific physical, medical or health outcomes from using the services.

No information, advice or suggestions provided at Hardgainer Training can replace the advice of a licensed professional.

Always be sure to consult your physician, physical therapist, doctor or other licensed medical or health professional before following any

of the suggestions provided in this online course or any other parts of the services at Hardgainer Training.  

(5) Hardgainer Training is not liable for any injuries or other damages as a result of your training or any workouts you perform.

All suggestions and training recommendations, including exercise techniques and specific exercise tutorials, are only understood as showcases of personal experience and you understand that these may affect you differently than the creator of this course.

By accessing the course material or any other part of the services, you explicitly agree that you alone are responsible for your training safety,

your personal health and any injuries you may incur.  

(6) The information on our website is provided on an ”as is,” ”as available” basis.

You agree that your use of our website, our course and any other parts of our services is at your sole risk.

We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.  

(7) Information on our website and in the course material should not necessarily be relied upon and should not be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information. We do not guarantee any specific outcomes.

(8) In no case shall Hardgainer Training, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, and without limitation to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the services, or for any other claim related in any way to your use of the services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the services or any content (or product) posted, transmitted, or otherwise made available via the services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.    

(9) Claims of the user for damages are excluded. The same applies to the exclusions of liability mentioned in the above paragraphs.

Excluded from this are claims for damages by the user arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty on our part, on the part of our legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. A "cardinal obligation" or "essential contractual obligations" are obligations the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner regularly relies on and may rely on.  

(10) In the event of a breach of material contractual obligations, we shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages to the user arising from injury to life, limb or health.  

(11) The restrictions of paragraphs 4 and 5 shall also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.

§ 7 Indemnification  

(1) Hardgainer Training may only be used in accordance with these GTC.

Users are in particular not authorized:

- To reverse engineer, de-compile, disassemble, modify or develop derivative works based on the Hardgainer Training Portal or any part thereof;

- circumvent protective measures used by the provider or their licensors to protect content that can be accessed via Hardgainer Training;

- copy, store, edit, develop derivative works based on or modify in any way any content provided through Hardgainer Training;

- rent out their own user account or grant sub-licenses;

- to share the own user account with other persons and/or to grant other persons access to the chargeable services of Hardgainer Training (so-called "shared account");

- any other improper manner that violates these GTC.  

(2) In the cases described in paragraph 1, as well as in all other cases of improper use, the user undertakes to hold the provider harmless.

In any case, the provider reserves the right to block user accounts without notice as soon as there is an indication of improper or abusive use and the provider has a justified interest in the blocking. In such cases of blocking, for which the user is responsible, no refunds can be claimed by the user.  

(3) You agree to indemnify, defend and hold Hardgainer Training, our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.    

§ 8 Intellectual property rights  

(1) All texts, images and other copyrightable content and works provided by us are protected by copyright.

Any use not covered by the contract, in particular for commercial or business purposes,

requires the prior consent of the provider in text form.  

(2) For content that is expressly made available via a Creative Commons license, the terms of the applicable Creative Commons license shall apply.  

(3) Any use of all marks, brands, designs and business names used by the provider within the scope of the offer

shall also require the prior consent of the provider in text form.    

§ 9 Content submitted by users  

(1) We reserve the right to evaluate all content uploaded by the user to Hardgainer Training in completely anonymized form for the purposes

of market analysis, development and statistics.  

(2) The user also undertakes to ensure that his/her registration data cannot be misused by third parties. In this context, the user is in particular obliged not to provide any third party with access to his/her registration data.

The user furthermore declares that the contents posted by him/her on Hardgainer Training are free of viruses, worms, trojans or other programs that could endanger or impair the functionality or existence of Hardgainer Training, other websites or the computers of other users.  

(3) The user undertakes to indemnify the provider against damages resulting from an attack in accordance with clause 9.2.  

(4) In the event of a justified interest, we reserve the right to exclude users from content or to block or delete posted content at our own discretion.

No refunds can be claimed by the user in such cases, when the user is responsible for the exclusion or blocking.    

§ 10 Data protection  

For detailed information on data protection at Hardgainer Training, in particular the scope of the processing of your data and your legal rights,

please refer to our data protection declaration at: https://www.hardgainer-training.com/privacy-policy
   

§ 11 Statutory right of withdrawal for consumers  

(Cancellation instruction according to EGBGB Annex 1 to Art. 246a § 1 para. 2 sentence 2. Source: BGBl. I 2013, 3642 - 3670)

Right of withdrawal

You have the right to cancel a contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day of the conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us (Hardgainer Training, owned by Daniel Grauer, Roßdörfer Str. 12,

64380 Roßdorf, Germany, [email protected], +49 176 32816650) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or an e-mail).

You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.

You can also fill in and submit the model withdrawal form or another clear declaration electronically on our website www.hardgainer-training.com.

You will find the electronic withdrawal form at the bottom of this page.

If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation

before the end of the cancellation period.  

Consequences of revocation

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from 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 requested that the services 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 in respect of this contract compared to the total scope of the services provided for in the contract.

Sample cancellation form

(If you wish to revoke the contract, please complete and return this form).

Portal operator:

Hardgainer Training (owned by Daniel Grauer, Roßdörfer Str. 12, 64380 Roßdorf, [email protected], +49 176 32816650)

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only in the case of notification on paper)

- Date

(*) Delete as applicable.

(You will find an electronic version of this form at the bottom of this page.)  

  § 12 European Dispute Resolution for Consumers  

(1) We refer to the online dispute resolution pursuant to Art. 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. Here you can enter into the out-of-court settlement of consumer disputes arising from online contracts.  

(2) We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.    

§ 13 Amendment of the GTC  

(1) We reserve the right to amend these GTC for objective reasons (e.g. due to changes in the legal situation or our own offer,

technical developments, etc.). This applies in particular, if new offers from us require new regulations.  

(2) The amended GTC shall be sent to the user in advance by e-mail or by means of another suitable form. If the user does not object to the amended GTC within six weeks, they shall be deemed accepted.

In the event of an objection, we may block the user's account, whereby refunds for payments already made

are limited to the 30-day money-back-guarantee.

We will point out these legal consequences separately in the e-mail with the amended GTC.    

§ 14 Final provisions  

(1) The contractual relationship between us and the user shall be governed by German law to the extent permitted by law. If the law of the country in which the consumer is domiciled provides for higher consumer protection, this shall remain unaffected.  

(2) If the User is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between Hardgainer Training and the user shall be the registered office of Hardgainer Training.  

(3) The contract shall remain binding in its remaining parts even if individual points are legally ineffective. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract shall, however, become ineffective as a whole.