1.1 The following General Terms and Conditions apply exclusively for all legal transactions and implied legal transactions between ClipMyHorse.TV Operations GmbH, Wandersmannstr. 68, 65205 Wiesbaden, Germany (hereinafter referred to as “ClipMyHorse.TV”) and the customer. Any terms and conditions of the customer which deviate from these General Terms and Conditions are not valid. Objections made by the customer with reference to their own terms and conditions or terms of purchase are expressly rejected.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or self-employed activity. A merchant within the meaning of these General Terms and Conditions is any natural person or legal entity or partnership with legal capacity that exercises its commercial or self-employed activity when concluding a legal transaction.
2.1 The customer must register in order to use the service. The customer thereby undertakes to provide the details requested during registration in an accurate and complete manner and to keep them up to date. The customer can update these details while logged in. The customer is obliged to inform ClipMyHorse.TV immediately of any changes to their details; the customer must confirm the details if requested to do so by ClipMyHorse.TV.
2.2 The customer’s order constitutes a binding offer for ClipMyHorse.TV to enter into a contract. The customer places the order when they send the order form to ClipMyHorse.TV by clicking the corresponding button after placing the selected services in the virtual shopping cart and completing the electronic order process. Before sending the order, the customer is given the opportunity to check all of the details again, make changes to them (which can also be done using the browser’s “back” button) or cancel the purchase. By making content available for retrieval, ClipMyHorse.TV accepts the offer (the order) with conclusion of the contract within three days. For all orders, the contract is concluded with: ClipMyHorse.TV Operations GmbH, Wandersmannstr. 68, 65205 Wiesbaden, Germany
3.1 Consumers have a right to cancel.
Right to cancel
You have the right to cancel this contract within 14 days without having to provide reasons.
The cancellation period is 14 days from the date on which the contract was concluded.
To exercise your right to cancel, you must notify us (ClipMyHorse.TV Operations GmbH, Wandersmannstr. 68, 65205 Wiesbaden, Germany, Tel. 0800 100 4042, Fax +49 (611) 36080-19, firstname.lastname@example.org) of your decision to cancel this contract; you must do so by means of a clear statement (e.g. letter, fax or email). You may, but do not have to, use the provided cancellation form template for this purpose.
Sending the cancellation notice before the end of the cancellation period is deemed sufficient for observing the cancellation period.
Consequences of cancellation
If you cancel this contract, we will refund all payments that we have received from you, including for shipping costs (except the extra cost of selecting a delivery option other than the cheapest one that we offer, i.e. standard delivery). We will provide this refund as soon as possible, but no later than 14 days after the day on which we received your notice to cancel this contract. For this refund, we will use the same payment method that you used for the original transaction, unless specifically agreed otherwise with you. Under no circumstances will you be charged any fees for this refund. We are entitled to refuse the refund until we have received the goods again or until you have proved that you have sent back the goods, whichever is the earlier.
You must return the goods to us as soon as possible, but no later than 14 days after the day on which you notified us that you wish to cancel this contract. This deadline will be deemed to have been met if you send the goods before expiry of the 14-day period. You are responsible for paying the direct costs associated with returning the goods. If the goods have diminished in value, you will only have to pay for this loss of value if it resulted from handling the goods beyond what was necessary to check their nature, characteristics and functionality.
3.2 Cancellation form template
You may, but do not have to, use the provided cancellation form template to cancel your order.
ClipMyHorse.TV Operations GmbH
Fax +49 (611) 36080-19,
I/we (*) hereby wish to cancel the contract that I/we (*) have concluded for the purchase of the following goods (*)/the provision of the following services (*)
Ordered on (*)/received on (*)
Name of the customer(s)
Address of the customer(s)
Signature of the customer(s) (only for notifications on paper)
(*) Delete as appropriate.
4.1 ClipMyHorse.TV stores every order and the entered order data. ClipMyHorse.TV does not store the full contract text. If the customer would like a printout of their order, they can print the contractual details via their browser’s print function or save them electronically before sending the order. The customer will also receive the order confirmation with all entered data by email.
4.2 ClipMyHorse.TV reserves the right to enhance, change and/or improve the services it has offered at any time, provided that the changes are reasonable for the customer while taking into account the interests of ClipMyHorse.TV. This is especially the case if the changes do not give rise to economic disadvantages for the customer, e.g. because new functions have been introduced.
5.1 To the extent necessary for using the service of ClipMyHorse.TV, the customer is granted a non-exclusive and non-transferable right to use the content they select. The content provided may not be used in any other way; in particular, the customer is not entitled to edit the content in any way, make it publicly accessible, or use it to advertise other websites, services or commercial offerings. If the content made available by ClipMyHorse.TV within the context of the membership is made publicly accessible by the customer (and the customer is at fault for this), then ClipMyHorse.TV is entitled to charge the customer a contractual penalty for each proven incidence of publication that breaches the contract. Each penalty shall amount to twice the annual fee for the subscription taken out by the customer. ClipMyHorse.TV reserves the right to claim damages in excess of the contractual penalty, in which case the contractual penalty will be offset against the claim for damages.
5.2 ClipMyHorse.TV reserves the right to change content should this be necessary for licensing reasons (e.g. loss of rights, acquisition of new rights) or technical reasons. In such case, ClipMyHorse.TV will inform the customer of the impending change in a timely manner (at least one month before the change comes into effect).
5.3 To become a member of ClipMyHorse.TV, you must be at least 18 years old or of legal age in your country or region. Minors may only use ClipMyHorse.TV under the supervision of an adult.
5.4 Passwords and account access. The person who created the ClipMyHorse.TV account and whose payment method the membership fees are charged to (“account holder”) has access to and control over the account and is therefore responsible for all activities associated with the account. In order to maintain control over the account and prevent unauthorized access, the account holder should always have control over the devices used to access the service and must not disclose the password or the account details for the selected payment method to third parties. You are responsible for ensuring that the information provided in connection with your account is always up to date. To protect you, ClipMyHorse.TV and our partners against identity theft or other fraudulent activities, ClipMyHorse.TV is entitled to cancel your membership or temporarily suspend your account.
5.5 Purchasing a membership entitles you to use the services of ClipMyHorse.TV on your own devices. Both parties hereby agree that the account may only be used on a reasonable number of different devices. The customer has the right to use their account on up to eight (8) different devices within a period of four (4) weeks. ClipMyHorse.TV has the right to protect the account against access beyond the scope of this provision and to prevent logging in.
6.1 ClipMyHorse.TV guarantees annual average availability of 95% for the service. Exceptions to this are times during which the service is not accessible via the internet due to technical or other problems for which ClipMyHorse.TV is not responsible.
6.2 For licensing reasons, the ClipMyHorse.TV service can only be used if the geolocation function is switched on (i.e. location data can be transmitted). If the customer deactivates this function on their mobile device, they will not be able to access the services of ClipMyHorse.TV.
6.3 The customer is responsible for ensuring that the end devices they use meet the system requirements.
7.1 The usage fees are published at https://www.clipmyhorse.tv/register/choose_form. Depending on the service, the amount due for the ordered period or the ordered download is payable either in full, annually or monthly upon registration and, depending on the payment method selected by the customer, will be debited from the customer’s account or charged to their credit card or PayPal account. Payment by invoice is also possible in individual cases. The customer will receive the invoice by email and can request a copy from Support. Further details are published on the respective membership website.
7.2 In the event of a payment delay, ClipMyHorse.TV may prohibit further use of the services or block the user’s account. In such case, the customer will still be obliged to pay the fees incurred for the concluded contract. Blocked accounts are not extended automatically.
7.3 If, in the case of an annual contract with monthly payment option, the customer is in arrears with the fee for two consecutive months, ClipMyHorse.TV may invoice all outstanding receivables for this contract in one amount. The user will thereby lose the right to pay monthly and must settle the outstanding amount in one payment.
7.4 ClipMyHorse.TV reserves the right to assert further claims in relation to payment arrears.
7.5 If the customer’s ClipMyHorse.TV membership started with a free trial period, the usage fee will become due at the beginning of the first month after the free trial period if the customer does not cancel before the end of this period. To view the end date of the free trial period, please visit our website and click on “My Account”.
7.6 ClipMyHorse.TV may change the usage fee agreed with the customer in accordance with the following provisions at its reasonable discretion, but no more than once within a calendar year. ClipMyHorse.TV will inform the customer of any price increase at least six weeks before it comes into effect. When announcing the price increase, ClipMyHorse.TV will also inform the customer of their right to cancel (if applicable), the notice period, as well as the consequences of the cancellation notice not being received in a timely manner. If a price increase amounts to more than 20% of the fee that applies at the time, the customer is entitled to terminate the membership within four weeks of receiving notice of the increase, with effect from the time that the increase comes into effect. If the customer does not cancel or does not cancel in a timely manner, the membership will be continued from the time stated in the notice and the new usage fee will apply. ClipMyHorse.TV must reduce its user fees (“price reduction”) if and to the extent that the total costs attributable to the membership decrease. The price reduction must correspond to the amount of the decrease in the total costs.
8.1 ClipMyHorse.TV is liable for damage or loss resulting from intentional or grossly negligent breaches of contract, as well as for damage or loss resulting from slightly negligent breaches of an obligation that is essential for fulfilling the purpose of the contract (cardinal obligation). In the latter case, the liability of ClipMyHorse.TV Operations GmbH is limited to losses that are typically foreseeable at the time of concluding the contract. ClipMyHorse.TV assumes no further liability.
8.2 The above limitations of liability also apply to breaches of obligation by legal representatives or vicarious agents of ClipMyHorse.TV Operations GmbH.
9.1 Memberships have a fixed term which is specified in advance and is automatically extended by the same order period unless the customer cancels four weeks before the end of the first order period via the corresponding function in the website’s customer menu or by email to email@example.com.
9.2 Cancellation is possible at any time during the trial month.
9.3 If the customer does not meet their payment obligations in full or in part despite being sent a reminder with a reasonable deadline (which may also be sent to the email address specified by the customer), ClipMyHorse.TV may block the affected service until the payment obligations have been met or it may terminate the contract without notice.
9.4 In the event of an outstanding payment, ClipMyHorse.TV may temporarily block access by the user. The account block will be lifted after receipt of the payment, allowing for a reasonable processing time.
9.5 The customer’s payment obligation also applies to usage fees resulting from authorized or unauthorized third-party access to content with the customer’s login details or passwords, providing that the customer is responsible for the use.
9.6 These General Terms and Conditions do not affect the right of both ClipMyHorse.TV and the customer to terminate the contractual relationship without notice for good cause.
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at http://ec.europa.eu/consumers/odr/. We are not obliged or prepared to participate in a dispute resolution process before a consumer arbitration board.
11.1 ClipMyHorse.TV reserves the right to change these General Terms and Conditions at any time should this be objectively necessary due to changed circumstances and does not result in the customer being treated less favorably than they were upon concluding the contract. A change due to changed circumstances shall be deemed necessary in particular if a change in the legal situation is significant for the contract or if the service is enhanced or changed but remains the same in essence and changing the General Terms and Conditions would be reasonable for the customer. ClipMyHorse.TV will inform the customer by email of any changes to the General Terms and Conditions and, at the same time, will make them aware that the changes will be considered accepted if the customer does not object to them within four weeks.
11.2 ClipMyHorse.TV may transfer claims against the customer under this agreement to third parties. In the case of a transfer of all rights and obligations (assignment of contract), ClipMyHorse.TV will inform the customer four weeks in advance. If the contract is assigned, the customer shall have the right to terminate the contract at the time that the transfer becomes effective.
11.3 If the contracting party is a merchant, a legal entity under public law or a special fund under public law, if they have no general place of jurisdiction in Germany or if their place of residence or habitual abode is not known at the time that proceedings are initiated, the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship, as well as the place of fulfillment for payment, delivery and performance, shall be Wiesbaden.
11.4 The contract is subject to German law exclusively, under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and German private international law. In the case of consumers, this choice of law only applies if the afforded protection is not withdrawn by mandatory provisions of the laws in the country where the consumer has their habitual residence.