General Terms and Conditions
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to Cancel
- Prices and Payment Conditions
- Shipment and Delivery Conditions
- Granting Rights of Use for Digital Content
- Reservation of Proprietary Rights
- Special Conditions for Repair Services
- Special Conditions for Assembly/Installation Services
- Redemption of Campaign Vouchers
- Applicable Law
- Place of Jurisdiction
- Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company aerobis fitness GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller’s online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 These GTC apply accordingly to the supply of digital content, unless expressly agreed otherwise. Digital content within the meaning of these GTC is data that is created and provided in digital form.
1.3 For contracts regarding the delivery of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.
1.4 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
1.5 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.6 The subject matter of the contract may be – depending on the Seller’s contents description – both the one-time provision of digital content and the regular provision of digital content (hereinafter "subscription contract"). In case of the subscription contract, the Seller undertakes to provide the Client with the contractually owed digital content for the duration of the agreed contract term at the contractually agreed time intervals.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart. The Client may also submit his offer to the Seller by e-mail or per online contact form.
2.3 The Seller may accept the Client’s offer within five days,
– by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
– by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
– by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.5 If the Client chooses the payment method “Amazon Payments”, payments are processed by the payment service provider Amazon Payments Europe S.C.A., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as „Amazon“).
If the Client chooses “Amazon Payments” as payment method during the online ordering process, he, at the same time, makes a payment order to Amazon when initiating the payment transaction by clicking the button finalizing the ordering process. In this case, the Seller declares his acceptance of the Client’s offer at the time when the Client initiates the payment transaction by clicking the button finalizing the ordering process.
2.6 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this.
2.7 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.8 The English language is exclusively available for the conclusion of the contract.
2.9 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
4.3 If a payment method offered via the payment service "mollie" is selected, the payment transaction is processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, The Netherlands (hereinafter referred to as "mollie"). The individual payment methods offered via mollie are communicated to the Client in the online shop of the Seller. For the processing of payments, mollie may make use of other payment services, for which special payment conditions may apply, which the Client will be informed about separately if necessary. Further information about "mollie" is available on the Internet at https://www.mollie.com
4.4 If the payment method "immediate bank transfer" is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12,80339 Munich (hereinafter referred to as "SOFORT"). If he wants to be able to pay the invoice amount via “immediate bank transfer,” the Client must have an online banking account that is activated for participation in “immediate bank transfer”. Furthermore he must have the appropriate credentials during the payment process, and must confirm the payment instruction to SOFORT. The payment transaction will be executed immediately afterwards and the Client’s bank account debited accordingly. Further information on the payment method “immediate bank transfer” can be called up by the Client at https://www.klarna.com
4.5 If a payment method offered via the payment service "Klarna" is selected, the payment will be processed via Klarna Bank AB (https://www.klarna.com
5) Shipment and Delivery Conditions
5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.
5.3 If goods are delivered by freight carrier, the goods shall be delivered free curb that is to say to the public curb stones which are closest to the delivery address, unless otherwise stipulated in the shipping information displayed in the Seller’s online shop or unless otherwise agreed.
5.4 Should the Client collect the goods himself, the Seller informs the Client by e-mail that the goods are available for collection. After receiving the e-mail, the Client may collect the goods in consultation with the Seller at the Seller’s place of business. In this case shipment costs will not be charged.
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counterperformance.
6) Granting Rights of Use for Digital Content
6.1 Unless otherwise stipulated in the description of contents displayed in the Seller’s online shop, the Seller grants the client the non- exclusive right, unlimited in relation to place and time, to use the contents supplied for private and professional purposes.
6.2 The transmission of content to third parties or the production of copies to third parties in a way not covered by the GTC is prohibited, unless the Seller has consented to the transfer of the contractual license to third parties.
6.3 The granting of rights shall become effective only when the Client has fully paid the contractually owed remuneration. The Seller may also grant provisional permission to use the contractual content before this date. Such provisional authorization does not constitute a transfer of rights.
7) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
8.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:
8.2 If the Client acts as trader
- the Seller may choose the type of subsequent performance,
- for new goods, the limitation period for claims for defects shall be one year from delivery of the goods,
- for used goods, the rights and claims for defects are excluded,
- the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
8.3 If the Client acts as a consumer, the following applies to contracts for the delivery of used goods subject to the restriction of the following clause: The limitation period for claims for defects is one year from the delivery of the goods if this was expressly and separately contractually agreed between the parties and it the Client was specifically informed of the shortening of the limitation period before submitting his contractual declaration.
8.4 The above-mentioned limitations of liability and shortening of the period of limitation do not apply
- to claims for damages and reimbursement of expenses of the Client,
- if the Seller has fraudulently concealed the defect,
- for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.
8.5 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.
8.6 If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.
8.7 If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
9) Special Conditions for Repair Services
If the Seller is responsible for the repair of a Client’s item under the terms of the contract, the following shall apply:
9.1 Repair services shall be provided at the Seller’s place of business.
9.2 The Seller shall render his services at his discretion either himself or by qualified personnel selected by him. The Seller may also make use of the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the Seller’s service description, the Client has no right to select a specific person to perform the desired service.
9.3 The Client must provide the Seller with all information necessary for the repair of the item unless its procurement does fall within the Seller’s scope of duties according to the content of the contract. In particular, the Client must provide the Seller with a comprehensive description of the defect and inform him of all circumstances which may be the cause of the defect found.
9.4 Unless otherwise agreed, the Client must send the item to be repaired to the Seller’s place of business at his own expense and risk. The Seller recommends the Client to conclude a transport insurance for this purpose. Furthermore, the Seller recommends the Client to send the goods in suitable transport packaging in order to reduce the risk of transport damage and to conceal the content of the packaging. The Seller will immediately inform the Client of obvious transport damage so that the Client can assert any rights he may have against the transport company.
9.5 The return of the goods shall be at the Client’s expense. The risk of accidental loss and accidental deterioration of the item passes to the Client when the item is handed over to a suitable transport person at the Seller’s place of business. At the Client’s request, the Seller will conclude a transport insurance for the goods.
9.6 The Client can also transfer the item to be repaired at the Seller’s place of business and collect it again from the Seller if this results from the Seller’s service description or if the parties have made a corresponding agreement in this respect. In this case, the above provisions regarding the bearing of costs and risks shall apply accordingly when the goods are dispatched and returned.
9.7 The aforementioned regulations do not limit the Client’s statutory rights in the event of the purchase of goods from the Seller.
9.8 The Seller shall be liable for defects in the repair service provided in accordance with the provisions regarding statutory liability for defects.
10) Special Conditions for Assembly/Installation Services
If, according to the contents of the contract, the Seller owes, in addition to the delivery of the goods, the assembly or installation of the goods at the Client’s premises as well as any appropriate preparatory measures (e.g. measurement), the following shall apply:
10.1 The Seller shall perform his services at his discretion either himself or by qualified personnel selected by him. The Seller may also make use of the services of third parties (subcontractors) acting on the Seller’s behalf. Unless otherwise stated in the Seller’s description of services, the Client shall not be entitled to the selection of a specific person to perform the desired service.
10.2 The Client shall provide the Seller with the complete and truthful information required for the provision of the service owed, provided that the procurement of such information does not fall within the Seller’s obligations under the terms of the contract.
10.3 The Seller shall contact the Client after conclusion of the contract in order to arrange a date with the Client for the performance owed. The Client shall ensure that the Seller or the personnel commissioned by the Seller have access to the Client’s facilities at the agreed time .
10.4 The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the Client until the assembly work has been completed and the goods have been handed over to the Client.
11) Redemption of Campaign Vouchers
11.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as "campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the indicated time period.
11.2 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.
11.3 Campaign vouchers can only be redeemed by consumers.
11.4 Only one campaign voucher can be redeemed per order.
11.5 The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.
11.6 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
11.7 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.
11.8 The campaign voucher will not be redeemed, if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.
11.9 Campaign vouchers are only intended for the use of the person designated on the voucher. Transferring the campaign voucher to a third party is not permitted. The Seller is entitled but not obliged to check the entitlement of the respective voucher owner.
12) Applicable Law
12.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
12.2 With regard to the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
13) Place of Jurisdiction
If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
14) Alternative dispute resolution
14.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
14.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.