Terms and Conditions of C. Bechstein Digital GmbH for the use of the platform doozzoo.
§ 1 Subject matter of the contract, scope of application of these GTC, service description
(1) C. Bechstein Digital GmbH, Kantstraße 17, 10623 Berlin, Germany (hereinafter: “doozzoo” or “we”), offers via a browser-based software solution under the website https://app.doozzoo.com a service specifically optimized for online music lessons. (hereinafter: “Platform”).
(2) Through the Platform, users are given the opportunity to offer or take music lessons via video communication. doozzoo itself does not offer any services, in particular in the form of music lessons, through the Platform and does not become a contractual partner to the contracts concluded exclusively between the users of the Platform. doozzoo does not act in this relationship as a service provider, service beneficiary or representative of a service provider. doozzoo is not responsible for the respective contractual content applicable between the users of the Platform.
(3) The business relationship between doozzoo and the user is exclusively governed by the following General Terms and Conditions in the version valid at the time of registration. Any deviating terms and conditions of the user shall not be recognized unless doozzoo expressly agrees to their validity in writing.
(4) The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall prevail.
§ 2 Registration, use of the platform
(1) The use of the platform requires the successful registration as a user. Registration takes place by verifying the e-mail address and opening a free account or a paid doozzoo account, agreeing to these Terms and Conditions. Upon registration, a contract for the use of the platform is concluded between doozzoo and the user. There is no right to conclude a contract of use.
(2) The data requested by doozzoo during registration must be provided completely and correctly. Users must keep their password secret and carefully secure access to their user account. Users are obliged to inform doozzoo immediately if there are indications that a user account has been misused by third parties.
(3) Only legal entities, partnerships and natural persons with unlimited legal capacity are permitted to register and set up a doozzoo account. In particular, minors are not allowed to register for the use of a paid doozzoo access on the platform. It is clarified that the registration and setup of a student account is not subject to any personal restrictions and can also be done by underage users, as the student accesses are technically limited and can only be used to participate in classes and not to conduct classes.
§ 3 Availability of the platform, removal of malware
(1) Insofar as doozzoo provides free services and functionalities, these are not contractually owed and may be changed or discontinued at any time and without prior notice.
(2) The availability of the chargeable services and functionalities of the platform is at least 99% on an annual average. The calculation of availability shall not take into account maintenance work that may result in the platform or individual services and functionalities not being available or only being available to a limited extent at that time. Furthermore, limitations of availability due to circumstances beyond the responsibility of doozzoo are not taken into account.
(2) The availability of the chargeable services and functionalities of the platform shall be at least 99% on an annual average. The calculation of the availability does not take into account maintenance work that may result in the platform or individual services and functionalities being unavailable or only partially available at that time. Doozzoo is entitled to perform such maintenance work between 03:00 and 06:00 CET. Maintenance work, including an estimate of the expected restrictions of functionality and downtime, must be announced by email to the users of the paid services at least 48 hours before the start of the maintenance work. Maintenance work may not exceed a total of 20 hours in a calendar month. Restrictions in availability due to circumstances beyond doozzoo’s control will also not be taken into account.
§4 Right of revocation
If users register on the platform for a purpose that can predominantly be attributed neither to their commercial nor independent professional activity, such users have a right of revocation in accordance with the following provisions: You have the right to revoke this contract within 14 days without giving reasons.
The revocation period is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of revocation, you must inform us by post, by telephone or by e-mail by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract.
Please address your revocation to:
C. Bechstein Digital GmbH, Kantstraße 17, 10623 Berlin, Germany
+49 (0)30 2260 559
You may use the enclosed sample revocation form for this purpose, which is, however, not mandatory. 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 revocation If you revoke this contract, we shall reimburse you 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 days from the day on which we received the notification of your revocation 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 any fees because of 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 with regard to this contract, compared to the total scope of the services provided for in the contract.
Sample Withdrawal Form If you wish to withdraw from the contract, please complete and return this form.
C. Bechstein Digital GmbH, Kantstraße 17, 10623 Berlin or to
Herewith I/we () revoke
the contract concluded by me/us ()
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 case of paper communication)
(*) Delete where inapplicable.
§ 5 Contract term and cancellation
The term of the contract for a payable access depends on the subscription selected by the user (“initial term”). Subscriptions with a contract term of one month and one year are available to the user. The contract term shall be automatically extended in each case by the duration of the selected initial term (i.e. in each case by a further month or a year if the contract is not terminated beforehand. The contract can be terminated by either party with 14 days’ notice before the end of the contract, but not before the end of the initial term. The cancellation for a paid account is possible via e-mail to account(at)doozzoo.com . For the effectiveness of the cancellation, we need the name of the subscriber and the e-mail address that is used as the user name for the respective user-required access.
§ 6 Terms of payment; Prices
(1) The fees for the provision of the services and functionalities of the fee-based doozzoo access will be communicated to the user in the payment process upon conclusion of the contract and are currently available at the URL doozzoo.com . The fee to be paid in each case depends primarily on which offer is booked by the user and the duration of the respective offer. Unless otherwise stated, the prices are gross prices including the applicable sales tax.
(2) The fees for the provision of the services and functionalities of the fee-based doozzoo accesses are to be paid in advance for the respective billing period or the individual package. Payments for fee-based access are automatically collected within the framework of a subscription with the payment period selected by the user. Unless an annual payment method has been expressly agreed (in which case twelve months is the billing period), the billing period is the month, whereby the day of the start of the contract is decisive (if the contract starts on February 12, the monthly payment is always collected on the 12th of the respective month via the selected payment service provider).
(3) doozzoo sends a payment receipt in PDF format to the user or to the e-mail address provided by the user after the conclusion of a paid doozzoo account. An invoice will be sent to the user in text form upon request. The request is to be sent to account(at)doozzoo.com .
(4) For the payment of the invoice amounts different payment methods are available to the user. The user is not entitled to a specific payment method.
§ 7 Free access
(1) A free, time-limited access can be provided by doozzoo at its own discretion. In principle, such an access can be provided if the user either performs a sg. time-limited test-drive via doozzoo, has booked a free package or is granted a free usage time via a voucher code or enters a workshop room as a participant or uses doozzoo via a student access. We reserve the right to limit the number of free accesses per user and to take measures to prevent abuse.
(2) During the free trial period, the user is entitled to use the platform and the service exclusively to the extent permitted by doozzoo. doozzoo is not obligated to provide customer service or technical support to the user during the free trial period. doozzoo may change the terms of the free trial at any time without prior notice or discontinue it altogether. …
(3) If doozzoo provides the user with free access to individual functions, doozzoo shall, in deviation from § 6, only be liable for intent and gross negligence for the period of provision of the test access.
§ 8 Liability
(1) doozzoo is liable without limitation for damages resulting from culpable injury to life, body or health.
(2) For other damages doozzoo is only liable if the damages are based on intent or gross negligence. In addition, doozzoo shall only be liable for slight negligence in the context of chargeable services and functionalities if essential contractual obligations are violated. Essential contractual obligations are those obligations whose fulfillment is necessary for the proper execution of the contract and on whose fulfillment the user may regularly rely. In the event of damage not caused intentionally, the liability for damages under this paragraph shall in any case be limited to the foreseeable damage typically occurring in such contracts.
(3) Insofar as the liability of the supplier is excluded or limited according to paragraph 2 above, this also applies to the personal liability of employees, representatives and vicarious agents of doozzoo.
(4) Mandatory legal regulations such as the Product Liability Act remain unaffected by the limitations of liability in the preceding paragraphs.
(5) The provider is not responsible for content or other materials transmitted by users. All content provided by a user on the doozzoo platform is the sole responsibility of the user providing that content.
§ 9 Final provisions
(1) Contracts between doozzoo and the user shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law. For consumers with habitual residence in the European Union, the mandatory provisions of the law of their country of residence also apply.
(2) If the customer 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 the user and doozzoo is Berlin. The same applies if the user does not have a general place of jurisdiction in Germany or if the user’s domicile or usual place of residence is unknown at the time the action is filed.
(3) Should individual provisions of these GTC prove to be invalid or unenforceable, this shall not affect the validity of the remaining provisions and the statutory provisions shall apply. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
(4) The European Commission provides a platform for online dispute resolution (OS platform) at https://ec.europa.eu/consumers/odr/. The provider is not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Status: September 2021