A. Terms and Conditions Online Shop

Transcription

1 A. Terms and Conditions Online Shop 1 Application (1) These terms and conditions of sale of aerobis fitness GmbH, Dieselstr. 6, Köln (aerobis fitness GmbH, vendor) shall apply to purchases via the vendor s online shop. (2) For customers who are entrepreneurs, governmental entities, or special governmental estates within the meaning of sec. 310 para. 1 BGB (German Civil Code) in derogation of these Terms the Terms and Conditions of Sale shall apply exclusively. 2 Conclusion of Contract (1) The offers on the internet site are non-binding, but an invitation to the customer to make a binding order himself. (2) Automatically sent s that confirm the receiving of an order do not constitute the acceptance of the order. (3) Contracts are binding when expressly confirmed or with execution of the order by the vendor. 3 Prices, Payment (1) Displayed prices include VAT. If applicable additional shipping costs are displayed separately. (2) Shipping is free for orders from 50 within Germany. Shipping to destinations outside of Germany may entail higher shipping costs. Shipping cost are listed here [ (3) The eligible methods of payment are displayed on the internet site. These currently are the following: bank transfer, Master Card, Visa, Sofort-Überweisung, Amazon Payments and PayPal. 4 Delivery Goods are being delivered in about 3 5 workdays after receipt of payment on the vendor s account (in case of payments via PayPal after receipt on the vendor s PayPal account). Delivery will be executed by a parcel service to the given address. 5 Retention of Title

2 The vendor retains title to the goods until receipt of all payments in full. 6 Liability (1) The vendor is liable according to the statutory provisions, if the customer makes a claim for damages based on intent or gross negligence, including intent or gross negligence of the vendor s representatives or agents. In case of a non-intentional breach of contract the liability for damages is limited to foreseeable, typically occurring damage. (2) The vendor is liable according to the legal provisions if he culpably infringes any essential contractual obligation; in this case the liability for damages is limited to foreseeable, typically occurring damage. (3) Insofar as the customer is entitled to a claim for the non-intentional infringement of obligations, liability is limited to foreseeable, typically occurring damage. (4) The liability for culpable injury to life, body or health remains unaffected; this also applies to mandatory liability under the Product Liability Act. (5) Unless stipulated otherwise above, liability is excluded. 7 Applicable law This contract shall be governed by the laws of the Federal Republic of Germany (excluding the Convention on Contracts for the International Sale of Goods). For customers, who are consumers, nevertheless mandatory consumer rights provisions of the country of origin or residence are applicable B. Particular Conditions Amazon Shop 1 Application The following provisions apply additionally to purchases via the amazon shop of aerobis fitness GmbH. 2 Conclusion of contract (1) The offers on the amazon site are non-binding, but an invitation to the customer to make a binding order himself.

3 (2) By Sending an order via the shopping cart and the 1-Click-Purchase-Option respectively the customer is placing a binding order. Automatically sent s that confirm the receiving of an order do not constitute the acceptance of the order. (3) The customer may correct mistakenly added items in the order summary by deleting them. (4) One-Click-Orders can be cancelled within 30 minutes after transmission in the user account. C. Consumer Information 1. Company identity aerobis fitness GmbH Dieselstr Köln office@aerobis.com Phone: Executive Director: Elmar Schumacher Register court Cologne Registration number HRB VAT identification number: DE Contract language, storage of the contract For international customers the language of the contract is English. Apart from these Terms and Conditions, after a purchase no documents with respect to the contract are being stored. 3. Description of goods

4 A thorough description of the sales goods can be found on the vendor s internet site. 4. Technical Steps leading to contract Purchases are made in the Websites Shop. In order to make a purchase, the customer needs to click the Add to cart button. He then is lead to the shopping cart. Here he can change and refresh items in his shopping cart. Next he is required to click the Proceed to Checkout button. After entering his contact information and choosing a payment method the purchase is finalized. 5. Corrections After clicking on the button Go to shopping cart the customer can make changes to his order by altering the amount of items, deleting items or using the back arrow of his browser. 6. Warranty, Customer Service Legal rights on warranty are stipulated in 434 et seq. BGB. Customer Service can be contacted Mondays to Fridays between 09:00 a.m. and 17:00 p.m. CET office@aerobis.com Phone: Right to withdrawal Instructions on withdrawal Right of withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us aerobis fitness GmbH Dieselstr. 6

5 50859 Köln Phone: of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or ). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. EFFECTS OF WITHDRAWAL We will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 14 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased. Note that you must send back the goods by following the instructions available on our return centre no later than 14 days from the day on which us you communicate your cancellation. You will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods). Model withdrawal form (complete and return this form only if you wish to withdraw from the contract) - To aerobis fitness GmbH Dieselstr Köln

6 I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*), - Ordered on (*)/received on (*), - Name of consumer(s), - Address of consumer(s), - Signature of consumer(s) (only if this form is notified on paper), - Date (*) Delete as appropriate. 8. Delivery time Goods are delivered in 3 5 workdays after payment receipt. 9. Online Dispute Resolution The European Commission provides a platform for online dispute resolution. This will be completely available to you at from February 15, 2016.