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Welcome to https://www.holmesplace-boutique.de/. Holmes Place Boutique is an offer of Holmes Place Health Clubs GmbH.
Please readthe following terms of use, which apply to all visitors to the https://www.holmesplace-boutique.de/ website (hereinafter referred to as the "website"). By using this Website, you implicitly agree to theseTerms of Use. The owner of the website reserves the right to change, delete or supplement the information on this website at any time without prior notice.
1. scope of application
The following terms and conditions apply to the use of the Holmes Place Boutiquewebsite (hereinafter referred to as the "Website"). In order to use the Website, it is important that you as a user accept the following terms andconditions.
By using our website, you agree to the terms of use of our website.
The subject matter of the Website is the following:
Information about the courses and offers of Holmes Place Boutique.
Information about the other products and brands of Holmes Place Germany
Sale of memberships and courses
Registration for newsletters, offers or services
Contact for general inquiries or applications
Contents around sports, wellness and health
2. Contact Details and Legal Information
If you haveany questions regarding our website, you can reach us at the following contactdetails:
Holmes Place Health Clubs GmbH
Charlottenstraße65, 10117 Berlin
E-mail: info@holmesplace-boutique.de
For specific club or membership inquiries, please use our contact form.
Managing directors: Doron J. Dickman, Carsten Kerner
AG Berlin-Charlottenburg | HRB 137833 B | USt-IDNr.: DE 205044108
3. Availability of the Website
The websitehas an availability of 24 hours a day. However, there may be interruptions inavailability due to maintenance required for the system. Interruptions inavailability may occur, among other things, due to force majeure or othercauses beyond the control of Holmes Place Boutique / Holmes Place Health ClubsGmbH, such as intent or gross negligence.
HolmesPlace Boutique / Holmes Place Health Clubs GmbH points out:
that it istechnically impossible to provide the website free of errors of any kind andthat Holmes Place Boutique / Holmes Place Health Clubs GmbH therefore acceptsno responsibility for them,
that errorscan lead to the temporary shutdown of the website,
that theavailability of this website is dependent on conditions and performance outsidethe control of Holmes Place Boutique / Holmes Place Health Clubs GmbH, such astransmission capacities and telephone connections between the individualparties. We are not responsible for any disruptions falling into this area.
4. Electronic Communication
When youuse a Holmes Place Boutique / Holmes Place Health ClubsGmbH service or sendemail, text messages or other communications to us from yourComputer or mobiledevice, you are communicating with unselectronically. We will communicate withyou electronically in a variety of ways, including through email, textmessages, or by posting electronic messages or other communications on ourwebsite or as part of other Holmes Place Boutique / HolmesPlace Health ClubsGmbH services. For contractual purposes, you agree to receive electroniccommunications and phone calls from us and that all consents, notices,disclosures and other communications that we provide to you electronically arenot required to be in writing unless otherwise required by applicable law.
5. Copyright and Database Rights
All contentincluded in or provided through any Holmes Place Boutique / Holmes Place HealthClubs GmbH service, such as text, graphics, logos, button icons, images, audioclips, digital downloads and data compilations, is the property of Holmes PlaceBoutique / Holmes Place Health Clubs GmbH or third parties supplying content ormaking it available on the website and is protected by German copyright anddatabase right laws.
Also, theentire body of Content included in or provided through any Holmes PlaceBoutique / Holmes Place Health Clubs GmbH service is the exclusive property ofHolmes Place Boutique / Holmes Place Health Clubs GmbH and is protected byGerman copyright and database right laws.
You may notsystematically extract and/or re-utilize any portion of a Holmes Place Boutique/ Holmes Place Health Clubs GmbH service without our express writtenconsent. In particular, you may notutilise any data mining, robots, or similar data gathering and extraction toolsto extract (whether once or many times) for re-utilisation of any substantialparts of any Holmes Place Boutique / Holmes Place Health Clubs GmbH servicewithout the express written consent of https://www.holmesplace-boutique.de. Youmay also not create and/or publish your own database that includes substantialportions of any Holmes Place Boutique / Holmes Place Health Clubs GmbH servicewithout the express written consent of https://www.holmesplace-boutique.de.
6. Liability
We alwaystry to ensure that the services of Holmes Place Boutique / Holmes Place HealthClubs GmbH are available without interruptions and that transmissions areerror-free. However, due to the nature of the Internet, this cannot beguaranteed. Also, your access toHolmes Place Boutique / Holmes Place Health Clubs GmbH services mayoccasionally be interrupted or limited to allow for repairs, maintenance or theintroduction of new facilities. We will attempt to limit the frequency andduration of any such temporary interruptions or limitations.
HolmesPlace Boutique / Holmes Place Health Clubs GmbH shall be liable withoutlimitation to the extent that the cause of damage is based on an intentional orgrossly negligent breach of duty by Holmes Place Boutique / Holmes Place HealthClubs GmbH or a legal representative or vicarious agent of Holmes PlaceBoutique / Holmes Place Health Clubs GmbH.
Furthermore,Holmes Place Boutique / Holmes Place Health Clubs GmbH is liable for theslightly negligent breach of essential obligations. Essential obligations areobligations whose breach endangers the achievement of the purpose of thecontract or whose fulfillment makes the proper execution of the contractpossible in the first place and on whose compliance you regularly rely. In thiscase, however, Holmes Place Boutique / Holmes Place Health Clubs GmbH is liableonly for the foreseeable, contract-typical damage. Holmes Place Boutique /Holmes Place Health Clubs GmbH is not liable for the slightly negligent breachof obligations other than those mentioned in the preceding sentences.
The abovelimitations of liability do not apply in the case of injury to life, limb andhealth, for a defect after the assumption of a guarantee for the quality of theproduct and in the case of fraudulently concealed defects. The liabilityaccording to the product liability law remains unaffected.
Insofar asthe liability of Holmes Place Boutique / Holmes Place Health Clubs GmbH isexcluded or limited, this also applies to the personal liability of employees,representatives and vicarious agents.
7. Links to other Websites
For links that are not operated by Holmes Place Boutique / Holmes Place Health Clubs GmbHand are on their website, we have no way of controlling the content of this website,as it is completely independent of us.
For thisreason, we do not accept any responsibility for the content of these websitesand the consequences of their use by visitors to them. Accessing all websitesaccessible via links is at your own risk. No special notice is given when usersleave the website. However, we ask you to notify us immediately of any illegalor dubious content of the linked website.
Otherwebsites may have a link to the websites of Holmes Place Boutique / HolmesPlace Health Clubs GmbH. Such a link requires our prior consent.
8. changesof the terms of use
We reservethe right to make changes to Holmes Place Boutique / Holmes Place HealthClubsGmbH services, rules, conditions including these Terms of Use at any time. Youare subject to the Terms and Conditions, Terms of Agreement and Terms of Use ineffect at the time you use Holmes Place Boutique / Holmes Place Health Clubs GmbH services.If any of these terms and conditions are held to be invalid, voidor for any reason unenforceable, that provision shall be deemed severable andshall not affect the validity and enforceability of any remaining provisions.
9. No Waiver
If you breach these Terms of Use and we do not take any action to enforce them, we will still be entitled to exercise our rights on any other occasion on whichyou breach these Terms of Use.
10. Jurisdiction and Governing Law
Disagreements and disputes arising from this contract shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
The sole place of jurisdiction is Berlin.
11. Final Provisions
Contractlanguage is German.
If youviolate these Terms of Use and we do nothing about it, we are still entitled toexercise our rights on any other occasion in which you violate these Terms ofUse.
We reservethe right to make changes to our website, rules and regulations, terms and conditions, including these Terms of Use, at any time. If any provision ofthese Terms of Use is invalid, void, or for any reason unenforceable, thatprovision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
The invalidity of any provision shall not affect the validity of any other provision under the Agreement. Should this occur, the provision shall bereplaced according to its meaning and purpose by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.
