GTC online Shop
Content
1 Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Fitness Nation GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of goods presented in the seller's print catalog, unless expressly stipulated otherwise.
1.3 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.
1.4 These Terms and Conditions apply accordingly to contracts for the delivery of tickets, unless expressly stipulated otherwise. These Terms and Conditions govern only the sale of tickets for specific events described in more detail in the seller's product description and not the execution of these events. The execution of the events is governed exclusively by the statutory provisions governing the relationship between the customer and the event organizer, as well as any differing terms and conditions of the event organizer. If the seller is not also the event organizer, they are not liable for the proper execution of the event, for which the respective event organizer is solely responsible.
1.5 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur, for the purposes of these Terms and Conditions, is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of the contract
2.1 The product descriptions contained in the seller's online shop do not constitute 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 an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods in the shopping cart by clicking the button that finalizes the order. Alternatively, the customer can also submit the offer to the seller by telephone, email, or via the online contact form.
2.3 When ordering goods presented in the seller's printed catalog, the customer may submit their offer to the seller by telephone, fax, email, or mail. For this purpose, the customer may complete the order form included with the seller's printed catalog and return it to the seller.
2.4 The seller may 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 the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
by requesting payment from the customer after they have placed their order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g., email, fax, or letter) after the order has been placed. The seller does not make the contract text available in any other way. If the customer has created a user account in the seller's online shop before placing their order, the order data is archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account using the corresponding login details.
2.6 Before submitting a binding order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical aid for better identifying input errors is the browser's zoom function, which enlarges the screen display. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button to finalize the order.
2.7 The German and English languages are available for concluding the contract.
2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.
3 Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who are not citizens of a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
3.4 According to Section 312g Paragraph 2 No. 9 of the German Civil Code (BGB), unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services related to leisure activities if the contract specifies a particular date or period for performance. Therefore, a right of withdrawal is also excluded for contracts concerning the sale of tickets for leisure events with a fixed date.
4. Prices and Payment Terms
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are beyond the seller's control and must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also be incurred with regard to money transfers even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When paying via a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full .
5. Delivery and shipping conditions
5.1 Unless otherwise agreed, goods will be delivered by mail to the delivery address specified by the customer.
5.2 For goods delivered by freight forwarder, delivery is made "free to the curb", i.e. to the nearest public curb to the delivery address, unless otherwise stated in the shipping information in the seller's online shop or otherwise agreed.
5.3 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the initial shipping costs if the customer effectively exercises their right of withdrawal. Regarding return shipping costs, the provisions set forth in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal.
5.4 If the customer is acting as a business, the risk of accidental loss or damage to the goods sold passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss or damage to the goods sold generally only passes to the customer upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss or damage to the goods sold also passes to the customer in the case of consumers as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, provided that the customer has commissioned the carrier, freight forwarder, or other person or entity designated to carry out the shipment and the seller has not previously informed the customer of the identity of this person or entity.
5.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller by its own suppliers. This applies only if the non-delivery is not the seller's fault and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the payment will be refunded immediately.
5.6 Self-collection is not possible for logistical reasons.
5.7 Vouchers will be provided to the customer as follows:
per Download
by email
5.8 Tickets will be provided to the customer as follows:
per Download
by email
6 Retention of title
6.1 With respect to consumers, the seller retains ownership of the delivered goods until full payment of the purchase price owed.
6.2 With respect to entrepreneurs, the seller retains title to the delivered goods until all claims arising from an ongoing business relationship have been fully settled.
6.3 If the customer is acting as a business, they are entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to the seller in advance all claims against third parties arising from such resale, up to the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the goods subject to retention of title have been resold before or after processing. The customer remains authorized to collect the receivables even after the assignment. The seller's right to collect the receivables directly remains unaffected. However, the seller will not collect the receivables as long as the customer fulfills their payment obligations to the seller, is not in default of payment, and no application for the commencement of insolvency proceedings has been filed.
7 Liability for defects (warranty)
If the purchased item is defective, the provisions of statutory warranty law apply. The following applies in deviation from this:
7.1 If the customer is acting as an entrepreneur,
The seller has the choice of the type of subsequent performance;
For new goods, the limitation period for defects is one year from the transfer of risk;
For used goods, rights and claims due to defects are generally excluded;
The limitation period does not restart if a replacement delivery is made under the warranty for defects.
7.2 If the customer is a consumer, the following applies to used goods, subject to the limitation in the following clause: Claims for defects are excluded if the defect only becomes apparent after one year from delivery of the goods. Defects that become apparent within one year of delivery of the goods can be asserted within the statutory limitation period.
7.3 The limitations of liability and reductions of time limits regulated in the preceding clauses do not apply.
for items which, according to their usual purpose, have been used for a building and have caused its defectiveness,
for claims for damages and reimbursement of expenses by the customer, as well as
in the event that the seller has fraudulently concealed the defect.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse under Section 445b of the German Civil Code (BGB) remain unaffected.
7.5 If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been approved.
7.6 If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery service and to inform the seller. Failure to do so will not affect their statutory or contractual warranty rights.
8 Liability
The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
8.1 The seller is fully liable for any legal reason.
in cases of intent or gross negligence,
in the event of intentional or negligent injury to life, body or health,
based on a guarantee promise, unless otherwise stipulated,
due to mandatory liability, such as under the Product Liability Act.
8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damages typical for this type of contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are those obligations that the contract imposes on the seller according to its content for the achievement of the contractual purpose, the fulfillment of which is essential for the proper performance of the contract, and on the observance of which the customer may regularly rely.
8.3 Furthermore, the seller's liability is excluded.
8.4 The foregoing liability provisions also apply with regard to the seller's liability for his vicarious agents and legal representatives.
9 Special conditions for the processing of goods according to specific customer requirements
9.1 If, according to the contract, the seller is obligated not only to deliver the goods but also to process them according to specific customer requirements, the customer must provide the seller with all content necessary for processing, such as texts, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the seller, and grant the seller the necessary rights of use. The customer is solely responsible for obtaining and acquiring the rights to this content. The customer declares and assumes responsibility for ensuring that they have the right to use the content provided to the seller. In particular, they are responsible for ensuring that no third-party rights are infringed, especially copyrights, trademark rights, and rights of personality.
9.2 The customer shall indemnify the seller against any third-party claims arising from the seller's contractual use of the customer's content and any infringement of the third party's rights. The customer shall also bear the reasonable costs of any necessary legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a third-party claim, the customer is obligated to provide the seller immediately, truthfully, and completely with all information necessary for examining the claims and mounting a defense.
9.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or regulatory prohibitions or contravenes accepted standards of decency. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.
10 Special conditions for assembly/installation services
If, according to the contract, the seller is also obligated to assemble or install the goods at the customer's premises, as well as any necessary preparatory measures (e.g., taking measurements), in addition to delivering the goods, the following applies:
10.1 The seller will perform its services at its own discretion, either personally or through qualified personnel selected by it. The seller may also utilize the services of third parties (subcontractors) acting on its behalf. Unless otherwise specified in the seller's service description, the customer has no right to select a specific person to perform the desired service.
10.2 The customer shall provide the seller with all information necessary for the performance of the service owed, completely and truthfully, unless obtaining such information is the seller's responsibility under the terms of the contract.
10.3 After conclusion of the contract, the seller will contact the customer to arrange a date for the performance of the service. The customer is responsible for ensuring that the seller or the personnel commissioned by the seller have access to the customer's facilities at the agreed time.
10.4 The risk of accidental loss or accidental damage to the goods sold only passes to the customer upon completion of the assembly work and handover to the customer.
11. Redeeming promotional vouchers
11.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
11.2 Promotional vouchers can only be redeemed by consumers.
11.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is stated in the content of the promotional voucher.
11.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
11.5 Only one promotional voucher can be redeemed per order.
11.6 The value of the goods must be at least equal to the value of the promotional voucher. Any remaining balance will not be refunded by the seller.
11.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.
11.8 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.
11.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
11.10 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is prohibited. The seller is entitled, but not obligated, to verify the voucher holder's eligibility.
12. Redeeming gift vouchers
12.1 Vouchers that can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.
12.2 Gift vouchers and remaining balances on gift vouchers are redeemable until the end of the third year following the year of purchase. Remaining balances will be credited to the customer until the expiry date.
12.3 Gift vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
12.4 Only one gift voucher can be redeemed per order.
12.5 Gift vouchers can only be used to purchase goods and not to purchase other gift vouchers.
12.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.
12.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.
12.8 The gift voucher is intended solely for use by the person named on it. Transfer of the gift voucher to third parties is prohibited. The seller is entitled, but not obligated, to verify the voucher holder's eligibility to redeem it.
13 Applicable Law
13.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
13.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal to consumers who, at the time of conclusion of the contract, are not resident in a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.
14 Place of jurisdiction
If the customer is a merchant, a legal entity under public law, or a special fund under public law, and has its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activities. In the aforementioned cases, however, the seller shall in any event be entitled to bring an action before the court at the customer's registered office.
15 Code of Conduct
– The seller has agreed to the terms and conditions of participation for the eCommerce initiative “Fairness in Trade”, which can be viewed on the internet at https://www.fairness-im-handel.de/teilnahmebedingungen/ .
16 Alternative Dispute Resolution
16.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
16.2 The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.