Terms & Conditions
Welcome to the Gypsy Guitar Academy. We are glad to have you with us. Below you will find our Terms and Conditions, which form the legal basis of our relationship.
I. General Provisions
Section 1 Provider and Scope
(1) These Terms apply to all contracts between Dizzy Fingers Academy GmbH, represented by its Managing Director Malte Weber (the “Provider”), and its customers concerning the use of the online platform https://gypsyguitaracademy.com.
(2) Terms of the customer that differ from or add to these Terms do not form part of the contract.
(3) The offering is aimed at consumers worldwide. German law applies; mandatory consumer protection provisions of the country in which the consumer is habitually resident remain unaffected (see Section 18 for details).
II. Formation of Contract and User Account
Section 2 Formation of Contract
(1) The contract is formed through the online ordering system. By selecting a subscription plan, entering their personal details and confirming payment, the User makes a binding offer to enter into a contract.
(2) The Provider accepts this offer by granting access to the digital content.
(3) The contract is administered by email, in part automatically. The User must ensure that their email address is correct and that emails can be received.
(4) Before submitting the order, the User may review their entries at any time and correct them using the ordinary editing functions of the order form and the functions of their browser. The order only becomes binding once the User clicks the final button, which is clearly marked as entailing an obligation to pay.
(5) The Provider stores the contract text (order details, these Terms and the withdrawal instructions) and sends it to the User by email together with the order confirmation once the contract has been formed. The current version of these Terms may also be viewed on the website at any time and saved as a PDF. The contract languages are German and English. These Terms exist in a German and an English version; the authoritative version is the one in the language in which the contract was concluded.
(6) Access to the content is granted immediately once the contract has been formed, and therefore before the withdrawal period has expired. The User’s statutory right of withdrawal remains unaffected; details are set out in the withdrawal instructions.
(7) Formation of the contract requires the User to have full legal capacity. Minors may only enter into a paid contract with the prior consent of their legal guardians. By placing an order, the User confirms that this requirement is met.
III. Subscriptions, Terms and Cancellation
Section 3 Term, Renewal and Refunds
(1) Initial term: The initial term of the subscription is three, six or twelve months, as chosen by the User. The prices shown on the website at the time of the order apply; the price displayed during the ordering process becomes part of the contract. Payment is made in advance for the whole of the initial term.
(2) Cancellation during the initial term: The User may cancel the contract at any time with effect from the end of the initial term. Access remains fully available until the end of the initial term already paid for. Fees for the initial term are not refunded on a pro-rata basis. The User’s statutory rights remain unaffected.
(3) Renewal for an indefinite period: If the contract is not cancelled before the end of the initial term, it is renewed automatically for an indefinite period. During the renewal period, fees continue to be charged in advance at the payment interval chosen (every 3, 6 or 12 months).
(4) Cancellation during the renewal period: During the renewal period, the User may cancel the subscription at any time with effect from the end of a period of one month after the notice is received. When cancelling, the User may expressly choose instead for the contract to end at the end of the billing period already paid for:
- a) Cancellation with one month’s notice (the statutory default): The contract ends exactly one month after the notice is received. Fees already paid in advance for periods after the contract ends are refunded pro rata to the payment method originally used. The refund is calculated by the day: the basis is the fee actually paid for the current billing period, divided by the number of days in that period, multiplied by the number of days remaining after the contract ends.
- b) Continuation until the end of the payment period: The User chooses to make full use of the billing period booked and already paid for. In this case the contract ends at the end of the current payment period. Access remains active until then; no refund is made.
Section 4 How to Cancel
(1) Notice of cancellation may be given at any time using the cancellation function in the customer account, the cancellation button in the footer (“Cancel contract”), by email, or through the contact form. No reasons need to be given. Where notice is given using the cancellation button, the Provider confirms receipt to the User electronically without undue delay.
(2) The right of either party to terminate for good cause remains unaffected.
(3) The Provider is entitled to terminate for good cause in particular in the event of serious or repeated breaches of material contractual obligations, and especially of the usage restrictions set out in Section 7 of these Terms.
IV. Services, Content and Support
Section 5 Scope of Services
(1) The subject matter of the contract is access, for a limited period, to a media library of digital learning content (video lessons, sheet music, backing tracks and supplementary materials) for self-study. The User is free to choose the content, the order in which it is used and the pace of learning. A prescribed course, a course objective, examinations, qualifications, certificates and any assessment of learning progress do not form part of the contract.
(2) In terms of their content and purpose, the materials serve recreational use and the private musical interests of Users. Preparation for examinations, qualifications or professional activity does not form part of the offering.
(3) The Provider offers support for technical and organisational questions (access, user account, payment, operating the platform).
(4) Suggestions and questions about the content are welcome and inform the editorial development of the media library. There is no entitlement to individual feedback, to an assessment of recordings submitted, to individual tuition or to any monitoring of learning progress; services of this kind do not form part of the contract. Where the Provider nevertheless answers a question on the substance in an individual case, it does so voluntarily, and this creates no entitlement for the future.
(5) Video content is made available by streaming. Supplementary materials expressly marked as “Download” (for example sheet music as a PDF, backing tracks as an MP3) may be downloaded. The Provider may apply reasonable technical measures to protect the content (for example individualised marking of downloaded files, or limits on the number of downloads within a given period), provided that use of the content in accordance with the contract is not materially impaired as a result.
Section 6 Contributors and Third-Party Content
(1) External instructors and artists contribute to the content (for example Joscho Stephan) under agreements with the Provider.
(2) Some of the instruments, amplifiers and accessories seen in the videos are supplied by third parties (for example Jozsi Lak, Ibanez) and may be presented as part of a sponsorship or endorsement.
(3) There is no entitlement to the participation of any particular instructor. Section 15 governs changes to, or the removal of, individual content.
Section 7 Rights of Use
(1) The customer receives a non-exclusive, non-transferable right to use the learning content for the duration of the subscription.
(2) The content may be used for private, non-commercial purposes only. This restriction applies to the use of the content itself; the skills acquired with its help may be used by the User without restriction, including professionally.
(3) Downloading, recording or passing on the video lessons is prohibited, except by means of the platform’s technical download functions (PDFs, MP3s). Files obtained in this way may not be used commercially.
(4) Storing, sharing and public performance (for example in lessons, on YouTube or on social media) are prohibited.
(5) Access is personal to the User. A user account may not be used by more than one person, and access credentials may not be passed on to third parties. The User shall keep their access credentials safe and protect them from access by others. If the User suspects that a third party has obtained their credentials, or that the account is being used without authorisation, the User shall inform the Provider without undue delay.
(6) The content is protected by copyright. That protection also exists outside Germany under the laws applicable there, in particular by virtue of international conventions. The Provider and the respective rights holders may pursue infringements abroad as well.
V. Prices, Payment and Availability
Section 8 Prices and Payment Methods
(1) Prices are shown on the website and are total prices including any applicable statutory value added tax, where such tax arises.
(2) Payment is possible by Stripe (credit or debit card), PayPal, Amazon Pay and advance payment by bank transfer.
(3) Where payment is made in advance by bank transfer, the amount must be transferred within seven days of the order to the account stated during the ordering process. Access is granted without undue delay once payment has been received. If payment is not received within 14 days of the order, no contract is formed; the Provider will notify the User by email before this occurs.
(4) Payment is made in advance for the period chosen.
(5) Discounts and vouchers apply to the first booking only, unless expressly stated otherwise. There is no entitlement to promotional offers.
Section 9 Availability and Technical Requirements
(1) The Provider aims to keep the platform available without interruption and provides availability of 98 per cent on a monthly average. Announced maintenance windows (as a rule no more than twelve hours per month in total, and wherever possible at times of low use), together with outages caused by force majeure or by other circumstances for which the Provider is not responsible, do not count as downtime.
(2) Planned maintenance work is announced on the platform in advance wherever possible.
(3) An up-to-date browser, a stable internet connection and enabled cookies are recommended in order to use the platform.
(4) The User’s statutory rights in the event of defects in digital products (Sections 327 et seq. of the German Civil Code, BGB) remain unaffected.
VI. Affiliate Links, Advertising and Social Media
Section 10 Product Recommendations and Affiliate Links
(1) The website and associated media (for example YouTube) may contain product recommendations. These may be unpaid recommendations or so-called affiliate links.
(2) The Provider may receive a commission when an affiliate link is clicked. No additional cost arises for the User.
(3) Products are selected independently and on the basis of editorial judgement. The Provider accepts no liability for the content or services of third parties.
Section 11 Content on Third-Party Platforms (YouTube, Instagram, Facebook and others)
(1) Some of the Academy’s content is made publicly available through platforms such as YouTube or Instagram, for example in order to promote the offering.
(2) This content does not replace the learning content on the platform.
(3) Such content may only be used, embedded or further distributed within the limits of the guidelines of the platform concerned. Downloading, modifying or re-uploading it to other channels is prohibited.
(4) If such content is blocked or deleted by a third party, there is no entitlement to compensation or to have it made available through the platform.
VII. Liability, Data Protection and Use Abroad
Section 12 Liability
(1) The Provider is liable without limitation for damage caused intentionally or by gross negligence, and for injury to life, body or health.
(2) Where a material contractual obligation (a “cardinal obligation”) is breached through slight negligence, liability is limited to the foreseeable damage typical of this type of contract. Cardinal obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place, and on whose observance the User may ordinarily rely.
(3) Any further liability – in particular for indirect damage, loss of use or lost learning progress – is excluded. This also applies where content has to be temporarily unavailable, adapted or removed, in particular where this is necessary for legal, contractual or technical reasons. The limitations of liability in this paragraph do not apply in the cases covered by paragraphs 1 and 2.
(4) Liability arising from the assumption of a guarantee, liability under the German Product Liability Act (Produkthaftungsgesetz) and the User’s statutory rights in the event of defects in digital products (Sections 327 et seq. BGB) remain unaffected.
(5) The above limitations of liability also apply in favour of the Provider’s legal representatives, senior employees and other agents.
Section 13 Data Protection
Information on the processing of personal data can be found in our privacy policy: https://gypsyguitaracademy.com/privacy-policy
Section 14 Use Abroad / Technical Restrictions
(1) Access to the content may be restricted by state firewalls or network blocks.
(2) The Provider is not in a position to assess the legal position in every country from which the platform is accessed and gives no assurance in that respect. This does not create any obligation on the User to examine foreign legislation.
(3) Use via a VPN is at the User’s own responsibility. The Provider offers no assistance in circumventing country-specific restrictions.
VIII. Content, Results and Changes
Section 15 Content, Updates and Changes
(1) The Provider continues to develop the platform and its content. It may make changes to the digital content going beyond what is necessary to keep the content in conformity with the contract where there is a valid reason for doing so. Valid reasons include in particular: adapting to new technical environments or to increased security requirements; developing the offering further in terms of substance and quality; changed legal or regulatory requirements; and changes to, or the ending of, agreements with contributors, licensors or other parties involved.
(2) Changes under paragraph 1 are free of charge for the User. The User will be informed of any change clearly and comprehensibly.
(3) Where a change adversely affects the User’s access to the content, or the usability of that content, more than merely insignificantly, the Provider will inform the User by email at least 30 days before the change takes effect of the nature and timing of the change and of the following right: in that case the User may end the contract free of charge within 30 days of receiving that information or, if the change occurs later, within 30 days of the change (Section 327r BGB). Where fees have already been paid in advance for periods after the contract ends, the calculation by the day under Section 3(4)(a) applies accordingly. This right to end the contract does not apply where the User retains access to the unchanged content at no additional cost.
(4) Where information 30 days in advance is not possible for legal reasons – for example in the case of an order by a public authority or a court – the Provider will inform the User without undue delay once it becomes aware of the matter.
Section 16 No Guarantee of Results
The results achieved when applying the content depend largely on the User’s own application, commitment and personal circumstances. No particular learning outcome is guaranteed. Testimonials and examples on the website do not constitute a binding assurance of any result.
Section 17 Changes to these Terms
(1) The Provider may amend these Terms with effect for the future where this is necessary for a valid reason (for example a change in legislation or case law, technical developments, or an adjustment to the range of services offered) and does not place the User at an unreasonable disadvantage. The power to make changes under this provision applies to ancillary provisions of the contract only.
(2) Changes to the main contractual obligations (in particular price and scope of services), and changes affecting the balance between performance and consideration, are excluded from any deemed acceptance; they require the User’s express consent.
(3) The Provider will give notice of any change in text form (for example by email) at least six weeks before it takes effect. The change is deemed accepted if the User does not object before it takes effect; the notice of change will draw the User’s attention to this separately. If the User objects, the User may cancel the contract free of charge up to the date on which the change takes effect; otherwise the contract continues on the existing terms until the end of the current billing period.
IX. Final Provisions
Section 18 Governing Law
(1) German law applies, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
(2) In relation to consumers habitually resident outside Germany, this choice of law applies only to the extent that it does not deprive the consumer of the protection of mandatory provisions of the law of the country in which they are habitually resident (Article 6(2) of the Rome I Regulation).
Section 19 Place of Jurisdiction
Where the customer is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Provider’s registered office.
Section 20 Severability
Should individual provisions of these Terms be or become wholly or partly invalid, the validity of the remaining provisions is unaffected. The statutory provisions take the place of the invalid provision.
Section 21 Consumer Dispute Resolution
We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration body.
Provider details
Dizzy Fingers Academy GmbH
Represented by its Managing Director Malte Weber
Hövelstraße 4, 59439 Holzwickede, Germany
Email: mail@gypsyguitaracademy.com
PDF download: Terms and Conditions of Dizzy Fingers Academy GmbH
You can view these Terms on our website at any time and download them as a PDF file. To open and save PDF files you will need suitable software, such as the free Adobe Reader or an equivalent program.
