Conditions
Terms and Conditions - General Terms and Conditions
1. Scope
2. Conclusion of contract
3. Right of withdrawal, exchange and return
4. Prices and terms of payment
5. Terms of delivery and shipping
6. Liability for Defects
7. Third-Party Infringement Indemnification
8. Governing Law
1. Scope
1.1 These general terms and conditions (hereinafter "GTC") of "Pump Fitness Vertrieb Oliver Schröder" (hereinafter "seller") apply to all contracts that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the seller in his goods and/or services presented in the online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 These General Terms and Conditions shall apply accordingly to the purchase of vouchers, unless expressly agreed otherwise.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
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2. Conclusion of contract
2.1 The product presentations contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process .
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
The order confirmation is not an order confirmation.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer.
2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) together with these General Terms and Conditions after the order has been sent.
2.6 Before the binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
3. Right of withdrawal, exchange and return
3.1 Revocation:
In principle, consumers are entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the seller's cancellation policy (see below).
3.2 Exchange and return:
If the customer is not satisfied with the goods after receiving them, the seller allows him, in addition to the statutory right of withdrawal (see cancellation policy), to exchange the purchased item for another or to return it within a period of ten (10) days from receipt of the goods, provided the goods are unused, shrink-wrapped and undamaged (unless there is a manufacturing defect).
To exchange an item for another, a return must be made followed by a new purchase.
Any return of purchased items must be carefully packaged and the delivery note or duly completed return form must be included in the postage paid package.
The statutory right of withdrawal is not affected by the additional contractually granted (voluntary) right of return and remains independent of this. Until the end of the period for the statutory right of withdrawal, only the statutory conditions listed there apply. Furthermore, the contractually granted (voluntary) right of return does not limit the statutory warranty rights, which remain unrestricted for the customer.
Return address: Pump Fitness Sales, Oliver Schröder, Engerstrasse 94, 47800 Krefeld, Germany.
4. Prices and terms of payment
4.1 Unless otherwise stated in the seller's offer, the prices quoted are final prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
4.3 The customer has various payment options available, which are specified in the seller's online shop.
4.4 If payment in advance has been agreed, payment is due immediately after conclusion of the contract.
5. Terms of delivery and shipping
5.1 The delivery of goods takes place regularly on the shipping route and to the delivery address specified by the customer. When processing the transaction, the delivery address given in the purchase process by the seller is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance .
5.3 Collection by the customer is not possible for logistical reasons.
6. Liability for Defects
The statutory liability for defects applies
7. Third-Party Infringement Indemnification
If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the customer, the customer must ensure that the content provided to the seller for the purpose of processing does not infringe the rights of third parties (e.g. copyrights or trademark rights). The customer indemnifies the seller against third-party claims that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.
8. Governing Law
8.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
8.2 If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office.