General terms and conditions & customer info
§ 1 Scope
(1) These general terms and conditions of sale (hereinafter: GTC) apply to all contracts concluded between us via our online shop, Company GYMNASTY UG (limited liability), represented by the managing director Dustin Tonyi, and you as our customer. The terms and conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these conditions of sale, our written order confirmation and our declaration of acceptance.
(3) The version of the General Terms and Conditions valid at the time the contract is concluded is decisive.
(4) We do not accept deviating conditions from the customer. This also applies if we do not expressly object to the inclusion.
(5) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) By sending an order via the online shop by clicking on the button "Order with obligation to pay" you place a legally binding order. You are bound by the order for a period of two (2) weeks after placing the order; Your existing right to cancel your order, if any, remains unaffected by this.
(3) We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order, unless acceptance is also declared in addition to confirmation of receipt.
(4) A contract is only concluded when we accept your order through a declaration of acceptance or through the delivery of the ordered items. With the order confirmation or in a separate e-mail, but no later than upon delivery of the goods, we will send you the contract text consisting of the order, general terms and conditions and order confirmation on a permanent data medium.
(5) We can only consider orders for deliveries abroad if they have a minimum order value. You can find the minimum order value in the price information provided in our online shop.
(6) If delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, we will refrain from issuing a declaration of acceptance. In this case, a contract does not come about. We will inform you of this immediately and immediately refund any consideration already received.
§ 3 Terms of delivery and reservation of payment in advance
(1) We are entitled to make partial deliveries if this is reasonable for you.
(2) The delivery period is approximately 10 working days, unless otherwise agreed. It begins - subject to the regulation in paragraph 3 - with the conclusion of the contract.
(3) In the case of orders from customers with a place of residence or place of business abroad or if there are justified indications of a risk of non-payment, we reserve the right to only deliver after receipt of the purchase price plus shipping costs (reservation to prepayment). If we make use of the advance payment reservation, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.
4 Prices and shipping costs
(1) All prices in our online shop are gross prices including statutory sales tax and do not include shipping costs.
(2) The shipping costs are specified in our price information in our online shop. The price including sales tax and any shipping costs is also displayed in the order form before you send the order.
(3) If we fulfill your order with partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will calculate shipping costs for each partial delivery.
(4) If you revoke your contractual declaration effectively, you can, under the legal requirements, request reimbursement of costs already paid for shipping to you (delivery costs).
§ 5 Terms of payment and set-off and right of retention
(1) The purchase price and shipping costs must be paid within two (2) weeks of receipt of our invoice at the latest.
(2) You can only pay the purchase price and shipping costs using the payment options we offer.
(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you have complaints or counterclaims from the
assert the same purchase contract.
(4) As a buyer, you may only exercise a right of retention if your counterclaim stems from the same purchase contract.
§ 6 Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
§ 7 Warranty
(1) We are liable for defects in quality or title of delivered items according to the applicable statutory provisions, in particular §§ 434 et seq. Civil Code. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller guarantees given by us for certain articles or manufacturer guarantees granted by the manufacturers of certain articles shall come into effect in addition to the claims for material defects or defects of title within the meaning of paragraph 1. Details of the scope of such guarantees can be found in the guarantee conditions, which may accompany the items.
§ 8 Liability
(1) We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
(2) In other cases, we are only liable - unless otherwise regulated in paragraph 3 - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer can regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.
(3) Our liability for damage resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
(4) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and our vicarious agents if claims are asserted directly against them.
Section 9 Copyrights
We have copyrights to all images, films and texts published in our online shop. Any use of the images, films and texts is not permitted without our express consent.
§ 10 Dispute Resolution, Applicable Law and Place of Jurisdiction
(1) We do not take part in any dispute settlement proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Settlement Act.
(2) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. If you placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
(3) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.