Terms and Conditions
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of ZIVA Fitness Europe GmbH (hereinafter referred to as “Seller”) apply to all contracts concerning the delivery of goods by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller in relation to the information provided by Seller completes his goods displayed on his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 For contracts for the delivery of goods shown in the print catalog of the seller, these terms and conditions apply accordingly, unless otherwise stipulated otherwise.
1.3 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless otherwise stipulated otherwise.
1.4 For contracts for the delivery of tickets, these terms and conditions apply accordingly, unless expressly otherwise stipulated. These terms and conditions govern only the sale of tickets for certain, in the item description of the seller specified events and not the execution of these events. For the execution of the events, only the statutory provisions in the relationship between the customer and the organizer and, if applicable, deviating conditions of the organizer apply. Unless the seller is also the organizer at the same time, he is not liable for the proper performance of the event, for which only the respective organizer is responsible.
1.5 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2 conclusion of contract
2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated into the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart. In addition, the customer may submit the offer to the seller by telephone, e-mail or online contact form.
2.3 In the case of orders for goods displayed in the print catalog of the seller, the customer may submit his offer by telephone, fax, e-mail or post to the seller. For this purpose, the customer can fill out the order form attached to the seller’s print catalog and send it back to the seller.
2.4 The seller can accept the offer of the customer within five days,
by sending to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or
by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or
by asking the customer to pay after submitting his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the date on which the offer is sent by the customer and ends on the fifth day following the dispatch of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.5 When placing an offer via the online order form of the seller, the contract text will be stored by the seller after conclusion of the contract and sent to the customer after sending his order in writing (eg e-mail, fax or letter). Any further provision of the contract by the seller is not possible. If the customer has set up a user account in the seller’s online shop before submitting his order, the order data will be archived on the seller’s website and can be called up by the customer via his password-protected user account with the corresponding login data
2.6 Prior to the binding submission of the order via the seller’s online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 The contract is concluded in German and English.
2.8 Order processing and contacting are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3 Right of withdrawal
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal arises from the cancellation policy of the seller.
3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.
3.4 Pursuant to Section 312g (2) no. 9 BGB, unless otherwise agreed, a right of revocation does not exist for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision. Thereafter, a right of withdrawal is also excluded for contracts that have the sale of tickets for on-schedule recreational events to the object.
4 prices and payment terms
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (eg transfer fees, exchange rate charges) or import duties or taxes (eg customs duties). Such costs may be incurred in relation to the transfer of funds 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 online shop of the seller.
4.4 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If payment is made by means of a payment method offered by PayPal, payment 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 Service, available at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the terms and conditions of payments without a PayPal account , available at https://www.paypal.com/en/webapps/mpp/ua/privacywax-full.
5 Delivery and shipping conditions
5.1 The delivery of goods takes place on the way to the delivery address specified by the customer, unless otherwise agreed.
5.2 For goods that are delivered by forwarding, the delivery is “free curbside”, ie up to the nearest curbside to the delivery address, unless otherwise stated in the shipping information in the online shop of the seller and unless otherwise agreed.
5.3 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller. This does not apply with regard to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.
5.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the carrier, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only with the transfer of the goods to the customer or a person entitled to receive. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold to consumers already on the customer, as soon as the seller has delivered the matter to the carrier, the carrier or the person or institution otherwise intended to carry out the shipment, if the Customer has instructed the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment to carry out the work and the seller has not previously designated the person or institution to the customer.
5.5 The seller reserves the right to withdraw from the contract in case of improper or improper self-delivery. This only applies in the event that the non-delivery is not responsible for the seller and this has completed with the required care, a specific hedging transaction with the supplier. The seller will make every reasonable effort to obtain the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.6 Pickup is not possible for logistical reasons.
5.7 Vouchers will be given to the customer as follows:
5.8 Tickets are given to the customer as follows:
6 Retention of title
6.1 The consumer reserves the right of ownership of the delivered goods to consumers until full payment of the purchase price due.
6.2 With respect to entrepreneurs, the seller retains title to the delivered goods until full settlement of all claims arising from an ongoing business relationship.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. All resulting claims against third parties shall be assigned by the customer to the seller in advance in the amount of the respective invoice value (including value added tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The right of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not default on payment and has not filed for insolvency proceedings.
7 Liability for defects (warranty)
If the purchased item is defective, the provisions of the statutory liability for defects shall apply. Deviating from this:
7.1 Does the customer act as an entrepreneur,
the seller has the choice of the type of supplementary performance;
for new goods, the limitation period for defects is one year from the passing of risk;
in the case of used goods, the rights and claims for defects are excluded in principle;
the statute of limitations does not start again if a replacement delivery takes place within the scope of the liability for defects.
7.2 If the customer acts as a consumer, the following applies to used goods with the restriction of the following: Claims for defects are excluded if the defect occurs only after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.
7.3 The limitations of liability and curtailment of time specified in the preceding paragraphs do not apply
for things which have been used for a structure in accordance with their usual use and which have caused its defectiveness,
for damages and reimbursement claims of the customer, as well
in the event that the seller has fraudulently concealed the defect.
7.4 In addition, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 445b BGB remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the obligation to inspect and to give notice pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been approved.
7.6 If the customer acts as a consumer, he / she is requested to reclaim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
The seller shall be liable to the customer for all contractual, contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller is fully liable for any legal reason
in case of intent or gross negligence,
in case of intentional or negligent injury to life, body or health,
on the basis of a guarantee, unless otherwise stipulated
due to mandatory liability, such as under the Product Liability Act.
8.2 If the seller negligently violates an essential contractual obligation, the liability shall be limited to the contractually typical, foreseeable damage, unless unlimited liability is assumed in accordance with the preceding clause. Significant contractual obligations are obligations which the contract imposes on the seller according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.
8.3 Incidentally, a liability of the seller is excluded.
8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9 Special conditions for the processing of goods according to the customer’s specifications
9.1 If the seller owes the content of the contract in addition to the delivery of goods and the processing of the goods according to specific specifications of the customer, the customer has the operator all necessary for processing content such as text, images or graphics in the file formats specified by the operator, formatting, image – and file sizes to provide and give him the necessary rights of use. The customer alone is responsible for the procurement and the acquisition of rights to this content. The customer declares and accepts responsibility for having the right to use the content provided to the seller. In particular, he shall ensure that no third party rights are infringed, in particular copyrights, trademark rights and personal rights.
9.2 The customer indemnifies the seller from claims of third parties which they may assert against the seller in connection with a breach of their rights as a result of the contractual use of the contents of the customer by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and legal 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 obligated to immediately, truthfully and completely provide the seller with all the information necessary for the examination of the claims and a defense.
9.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or morality. This applies in particular to the release of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-threatening and / or violence-glorifying content.
10 Special conditions for installation / installation services
If, in addition to the delivery of goods, the seller pays the contents of the contract as well as the assembly or installation of the goods at the customer’s premises and, if necessary, appropriate preparatory measures (eg oversize), the following applies:
10.1 The Seller provides his services at his own choice or by qualified personnel selected by him. The seller may also use the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the service description of the seller, the customer has no right to choose a specific person to carry out the desired service.
10.2 The customer must provide the seller with the information required for the performance of the service owed to the seller in full and truthfully, provided that the procurement thereof does not fall within the scope of the seller’s obligations under the terms of the contract.
10.3 The seller will contact the customer after conclusion of the contract in order to arrange an appointment for the service due. The customer shall ensure that the seller or his assigned personnel have access to the customer’s facilities at the agreed time.
10.4 The risk of accidental loss and accidental deterioration of the goods sold shall only pass to the customer upon completion of the assembly work and handover to the customer.
11 Redemption of promotional vouchers
11.1 Vouchers that are issued by the Seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the Customer (hereinafter referred to as ” Promotional Vouchers”) can only be redeemed in the Seller’s online shop and for the specified period.
11.2 Action vouchers can only be redeemed by consumers.
11.3 Individual products may be excluded from the coupon promotion, provided that a corresponding restriction results from the content of the promotional coupon.
11.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
11.5 Only one promotional coupon can be redeemed per order.
11.6 The value of the goods must be at least equal to the amount of the action 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 remaining payment methods offered by the seller may be selected to settle the difference.
11.8 The balance of an action coupon is neither paid in cash nor interest.
11.9 The action voucher will not be refunded if the customer returns the goods fully or partially paid for with the action voucher as part of his statutory right of revocation.
11.10 The Promotion Voucher is only for use by the person named on it. A transfer of the action voucher to third parties is excluded. The seller is entitled, but not obliged, to check the substantive eligibility of the respective voucher holder.
12 Redemption of gift vouchers
12.1 Vouchers which can be purchased via the online shop of the seller (hereinafter referred to as “gift vouchers”) can only be redeemed in the online shop of the seller, unless otherwise stated in the voucher.
12.2 Gift vouchers and remaining credits of gift vouchers are redeemable until the end of the third year following the year of the voucher purchase. Remaining credits will be credited to the customer until the expiry date.
12.3 Gift Certificates can only be redeemed prior to completing the order process. Subsequent offsetting is not possible.
12.4 Only one gift certificate can be redeemed per order.
12.5 Gift Certificates can only be used for the purchase of goods and not for the purchase of additional Gift Certificates.
12.6 If the value of the gift voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be used to settle the difference.
12.7 The credit of a Gift Certificate will not be paid in cash or interest.
12.8 The gift certificate is only intended for use by the person named on it. A transfer of the gift certificate to third parties is excluded. The seller is entitled, but not obliged, to check the substantive eligibility of the respective voucher holder.
13 Applicable law
13.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
13.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.
If the customer acts as a merchant, legal entity under public law or special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer’s place of business.
15 Code of Conduct
– The seller has submitted to the conditions of participation for the ecommerce “Fairness in Commerce” initiative, 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 on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
16.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.