1.1.1 Offers made on the CMH website www.clipmyhorse.tv (“CMH Website”) are subject to change and do not represent a binding offer to enter into a subscription contract for the CMH PayTV service. In order to use the CMH PayTV service, the Customer is first required to register on the CMH website or the CMH application (“CMH app”). The Customer guarantees that the information provided about their personal details and other contractually relevant circumstances supplied in the context of the contractual offer and/or the contractual conclusion is complete and correct. The Customer is obliged to inform ClipMyHorse.TV without undue delay of any changes to their details; the Customer must confirm the details if requested to do so by ClipMyHorse.TV. In the event of a breach, CMH is entitled to impose an immediate block on the contractual services. The subscription contract is also referred to as the “Membership” in the following.
1.1.2 By clicking, registering and confirming via the “Annual subscription – annual invoice” or “Annual subscription – monthly invoice” button on the CMH website, or to the extent provided and available via the CMH app, the Customer makes a binding offer to CMH to enter into a CMH PayTV subscription contract. The subscription contract for the CMH PayTV service comes into effect when CMH confirms the contract by email or when CMH makes the CMH PayTV service accessible and available (“Subscription Contract”).
1.1.3 CMH stores the Customer’s offer to enter into the CMH PayTV subscription and the details provided. CMH does not store the full contractual text of the Subscription Contract. If the Customer would like a printout of their order, they can print the contractual data via their browser’s print function or save it electronically before sending the order.
Right to cancel
You have the right to cancel this contract within 14 days without having to provide a reason.
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 received from you, including 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 receive 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.
Lapse of the right to cancel
Where digital content not stored on a physical data carrier is ordered, your right to cancel expires prematurely if we have started to execute the contract after your express approval on ordering that the execution of the contract will start before the expiry of the cancellation period and you are aware that by granting this approval you lose your right to cancel when execution of the contract starts.
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.
1.3.1 The fee for use of the CMH PayTV subscription can be found in the price list as amended from time to time, which is available at https://www.clipmyhorse.tv/register/choose_form (“User Fee”). Depending on the CMH PayTV subscription, the amount due for the subscribed period is payable either annually (for the first time on registration or on expiry of any free trial month granted) or monthly and – depending on the payment type chosen by the Customer – debited from their account or charged to their credit card or PayPal account. The paid DTO offering is available only to Customers who have previously entered into a Subscription Contract for the CMH PayTV service. The amount due for the paid DTO offering is payable immediately and debited from the Customer’s account or charged to the their credit card or PayPal account. Further details can be found on the CMH website under “Membership”.
1.3.2 If the CMH PayTV subscription starts with a free trial month and the Customer does not cancel before the expiry of the free trial period, the User Fee for the CMH PayTV subscription is payable at the start of the month following the trial period. Customers can view the end date of the free trial period on the CMH website under “My Account”.
1.3.3 If direct debit is selected as the payment type and the bank details are supplied, CMH has a revocable right to debit the due invoice amount from the account specified by the Customer. If the direct debit is not honored due to inadequate funds in the account, if incorrect bank details have been provided or if the Customer objects to the debit despite not being authorized to do so, the Customer will be liable for the charges incurred as a consequence of the charge by the bank in question.
1.3.4 If the fees or their components change during the billing month (e.g. change to VAT), the period from the start of the billing month to the point of the change and the period from the point of the change to the end of the billing month will be billed separately.
1.3.5 In the event of payment default by the Customer, CMH is entitled to levy on consumers interest of 5% above the respective base rate. In the event of payment default by the Customer, CMH is further entitled to exclude the Customer from further use and to block the Customer’s account. In such a case, the Customer is still obliged to pay the User Fees incurred for the concluded Subscription Contract. Blocked accounts are not extended automatically. The account block will be lifted after receipt of the payment and after a reasonable processing time. Should payment defaults by the client result in receivables not being able to be booked, CMH is entitled to invoice all outstanding receivables for this subscription contract in one sum. The Customer will thus lose the right to pay monthly and must settle the outstanding amount in one payment. This is without prejudice to the assertion of further claims by CMH on grounds of payment default.
1.3.6 The Customer’s payment obligation also applies to User Fees resulting from authorized or unauthorized third-party access to the CMH TV service with the Customer’s login details or passwords, providing that the Customer is responsible for such use.
1.4.1 CMH is entitled to adjust the User Fee for the CMH PayTV offering in accordance with the following provisions at its discretion, albeit no more than once per calendar year. CMH will inform the Customer of any price increase at least six weeks before it comes into effect. A price increase of the User Fees may be performed in order to take into account increased overall costs associated with the CMH PayTV service. The overall costs are essentially made up as follows: production costs, license costs, technical provisioning costs and customer service costs (“Overall Costs”). If a price increase amounts to more than 20% of the User Fee that applies at the time, the Customer is entitled to terminate the Subscription Contract within four weeks of receiving notice of the increase, with effect from the time that the increase comes into effect. When announcing the price increase, CMH will also inform the Customer separately of their right to cancel (if applicable), the notice period and the consequences of a cancellation notice not received in due time. If the Customer does not cancel or does not cancel in due time, the Subscription Contract will be continued from the time stated in the notice and the new User Fee will apply. CMH must reduce its User Fees (“Price Reduction”) if and to the extent that the Overall Costs attributable to the subscription decrease. The price reduction must correspond to the amount of the decrease in the Overall Costs.
1.4.2 CMH is entitled to adjust the subscription fees accordingly in the event of a change to the prescribed statutory VAT.
1.5.1 The Subscription Contract commences on conclusion of the contract for a fixed term of 12 months (“Initial Contract Term”). During the Initial Contract Term, the Customer may terminate the Subscription Contract with one month’s notice to the end of the Initial Contract Term. Following expiry of the Initial Contract Term, the Subscription Contract is automatically extended for an indefinite term and may be terminated by the Customer at any time with one month’s notice. During a trial month in the initial term of the CMH PayTV subscription, the Customer may terminate the contract at any time. From July 1, 2022, the Subscription Contract may be terminated in the Customer menu on the CMH website. Until June 30, 2022, the Subscription Contract may be terminated via the corresponding function in the Customer menu of the CMH website or by email to email@example.com
1.5.2 If the Customer does not meet their payment obligations under the Subscription Agreement in full or in part despite being sent a reminder with a reasonable deadline by CMH, which may also be sent to the email address specified by the Customer, CMH is entitled to block the Customer’s access to CMH PayTV until the outstanding payment obligations have been met, or it may terminate the Subscription Contract without notice.
1.5.3 These General Terms and Conditions do not affect the right of both CMH and the Customer to terminate the Subscription Contract without notice for good cause.
1.5.4 If CMH is no longer able to provide Live TV and/or the CMH PayTV service to the Customer for licensing or technical reasons, CMH is entitled to effect an extraordinary termination of the Subscription Contract for the affected CMH Content with 14 days’ notice.
1.6.3 CMH reserves the right to amend the offering of CMH Content (CMH PayTV and/or Live TV) provided this is reasonable for the Customer, taking into account the interests of CMH and the Customer. For instance, amendments may be due to licensing reasons, such as the loss of substantial rights or the acquisition of new rights, technical reasons, or changes to planned large events that were to be made available. In such cases, CMH will inform the Customer of the impending change in a timely manner (at least one month before the change comes into effect). This may also be done by email. CMH is entitled to make minor changes to the offer of CMH Content, provided this is reasonable for the Customer, taking into account their interests and those of CMH.
1.6.4 Only persons who are of legal age may enter into a CMH PayTV Subscription Contract. Minors may use the CMH PayTV service only under the supervision of an adult.
1.6.6 The Customer must have an internet connection to be able to use the CMH Content and bears sole responsibility for providing this connection. This applies in particular to the associated costs and ensuring an adequate data volume for receiving, accessing and downloading the CMH Content. The Customer is responsible for ensuring that the end devices they use meet the necessary system requirements.
1.6.8 CMH uses reasonable efforts to ensure that the CMH Content is available at all times. CMH reserves the right to perform maintenance and servicing tasks to technical facilities to maintain or improve the CMH Content without further notice. During this maintenance window, interruptions or impairments to the receipt or download of CMH Content may occur that do not entitle the user to a reduction of the User Fee.
1.6.9 For licensing reasons, the CMH Content may be used only if the geolocation function is switched on or location data is transmitted to CMH. If the Customer deactivates this function on their end device, they will not be able to access the CMH Content.
2.1 CMH is liable without limitation for damages due to willful misconduct and gross negligence. In the event of losses arising from breaches of contractual obligations (cardinal obligations) due to ordinary negligence, CMH’s liability is limited to the loss typically foreseeable at the point of contractual conclusion, with the exception of harm to life, limb or health. The above limitations of liability also apply to breaches of obligation by legal representatives or vicarious agents of CMH.
2.2 CMH is not liable in the event of delayed performance, disruptions and/or interruptions to services on the grounds of force majeure; i.e. circumstances outside CMH’s sphere of influence. This includes earthquakes, extreme weather conditions, including floods, pandemics, fire and other natural disasters, as well as acts and/or omissions by third-party providers of services, such as telecommunications providers or electricity providers.
3.1 CMH is entitled to transfer claims against the Customer arising from the Subscription Contract to third parties without the Customer’s approval. In the case of a transfer of all rights and obligations (“Assignment Of Contract”), CMH will inform the Customer accordingly four weeks in advance. In the event of an Assignment Of Contract, the Customer has the right to terminate the Subscription Contract at the point at which the transfer of rights becomes effective. With the exception of a monetary claim, the Customer is not entitled to transfer any rights and obligations arising from the Subscription Contract to third parties without the approval of CMH, provided that CMH has a protectable interest in this regard.
3.4 If the Customer is a commercial entity, the place of jurisdiction is Wiesbaden, Germany. The same applies if the Customer does not have a registered office or regular place of domicile in the Federal Republic of Germany at the point at which the claim is brought.
3.5 The governing law is the law of the Federal Republic of Germany. The UN Convention on the International Sale of Goods (CISG) does not apply.
3.6 CMH will not participate in any online dispute resolution proceedings pursuant to section 36 German Consumer Protection Act (Verbraucherschutzgesetz).
General Terms & Conditions of ClipMyHorse.TV Operations GmbH, Wiesbaden, Germany;