Terms of service
(The following terms and conditions also contain legal information on your rights under the provisions on contracts in distance selling and electronic commerce.)
GENERAL TERMS AND CONDITIONS OF PALA HEALTH GMBH FOR THE ONLINE SHOP EVERJUMP AT WWW.EVERJUMP.FIT
1. Validity, definitions of terms
(1) Pala Health GmbH, Friedrichstraße 114A, 10117 Berlin (hereinafter referred to as “we” or “Everjump”) operates under the website http://www.everjump.fit An online shop for products related to rope detection and accessories. The following terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed.
(2) For the purposes of these Terms and Conditions, 'consumer' means any natural person who enters into a legal transaction for purposes that are predominantly not attributable to his or her commercial or self-employed professional activity.
2. Conclusion of contracts, storage of the contract texts
1) The following provisions on the conclusion of the contract apply to orders via our online shop at http://www.everjump.fit/
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) When an order is received in our online shop, the following regulations apply: The consumer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop.
(4) The order is placed in the following steps:Select the desired goods, click the "Add to cart" button, enter your customer data (billing details and delivery address), select the payment method, check the information in the shopping cart, click the "Place order" button (this constitutes your legally binding contractual declaration). The contract for the purchase of the selected goods is concluded when you receive an order confirmation from us within three working days at the specified email address.
(5) In the event of a contract being concluded, the contract shall be concluded withPala Health GmbH, Friedrichstraße 114A, 10117 Berlin, represented by the managing director Björn Jopen.
(6) Before ordering, the contract data can be printed out using the browser's print function or saved electronically. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the cancellation policy, takes place by email after you have placed the order, partly automatically. We do not save the contract text after the contract has been concluded.
(7) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser's "back button"). They can also be corrected by prematurely aborting the order process, closing the browser window and repeating the process.
3. Subject matter of the contract and essential characteristics of the goods
(1) In our online shop, the subject matter of the contract is the purchase of products related to rope skipping
(2) The essential characteristics of the goods can be found in the respective item description.
4. Prices, shipping costs, delivery and retention of title
1) The prices and shipping costs listed in the respective offers are total prices and include all price components including all applicable taxes. For deliveries to Switzerland, not all price components are included; the customer is responsible for paying any applicable taxes and import duties directly to the relevant customs authorities.
(2) The respective purchase price is due upon conclusion of the contract and must generally be paid before delivery of the product. As a rule, we offer you various payment methods for each order. The payment methods available are payment via Amazon Payments, via PayPal, via instant bank transfer, or by credit card (Visa, Mastercard, American Express). You can select the specific payment methods available during the ordering process.
(3) Retention of title; offsetting; right of retention
(3.1) In the case of consumers, we retain title to the purchased item until the invoice amount has been paid in full. If you are an entrepreneur exercising your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we retain title to the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
(3.2) You only have the right to set off if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
(3.3) If the customer defaults on any payment obligations to us, all existing claims shall become due immediately.
5. Subscriptions / App
1) Your subscription may vary, for example with monthly or annual automatic renewal (the "Subscription Term"), as described during your transaction. Your subscription will automatically renew for an additional term as specified in the subscription for as long as the subscription is maintained, until you cancel the subscription or until we suspend the services or discontinue the subscription services in accordance with our Terms of Service. Unless we indicate otherwise, you will be charged fees before or at the beginning of each renewal period. We will notify you of the applicable fees and when the subscription will renew at the then-current price for the Paid Service before we charge you for the subscription term.
(2) You may cancel the subscription at any time. Your cancellation will be effective at the end of the current subscription term. If you cancel your subscription, please note that we may still send you promotional communications about Everjump unless you opt out of receiving such communications by following the unsubscribe instructions included in the communication. If you cancel a subscription, such cancellation will only apply to future fees payable for your subscription. You will not receive a refund for the current subscription term you have already paid, but you will have full access to that subscription until the end of the then-current subscription term. We may issue a refund, discount or other compensation to some or all of our users at any time and for any reason ("Credits"). The amount and form of such credits and the decision to grant them will be at our sole discretion. The granting of credits in one case does not entitle you to future credits for similar cases, nor does it obligate us to grant you credits in the future.
(3) We reserve the right to adjust the prices for our Paid Services or components thereof at any time and in any respect. All price changes will take effect upon notification to you.
6. Data Protection
(1) We collect, store and use personal data of the customer (e.g. name and address) for the purpose of executing the respective contract.
(2) Your data will be passed on to the shipping company commissioned with the delivery if this is necessary for the delivery of the products. To process payments, we will pass on your payment data to the credit institution commissioned with the payment or to the payment service provider selected in the ordering process if necessary.
(3) The responsible body within the meaning of the BDSG is Pala Health GmbH, Friedrichstraße 114A, 10117 Berlin, represented by the data protection officer.
(4) During the ordering process, your personal data will be transmitted over the Internet using SSL encryption. Credit card details will not be stored.
(5) You have the right to receive information free of charge about the data we have stored about you and, if applicable, the right to rectification, blocking or erasure of this data. Furthermore, you can object to the use of your personal data with effect for the future. To do so, simply send an email to support@everjump.fit.
(6) Further information on the use of your data can be found in our privacy policy (link).
7. Right of withdrawal for consumers
Consumers have the following right of withdrawal:
(1) Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day
• on which you or a third party other than the carrier designated by you takes possession of the goods, provided that you have ordered one or more goods as part of a single order and these are or will be delivered as a single item, or;
• on which you or a third party other than the carrier designated by you took possession of the last good, provided that you have ordered several goods as part of a single order and these are delivered separately, or;
• on which you or a third party other than the carrier designated by you took possession of the last partial shipment or the last item, provided that you have ordered goods that are delivered in several partial shipments or items.
To exercise your right of withdrawal, you must inform us (Pala Health GmbH, Friedrichstraße 114A, 10117 Berlin, E-Mail: You must inform support@everjump.fit (without spaces) of your decision to withdraw from this contract by means of a clear statement (email). You may use the attached model withdrawal form, but this is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
(1) If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods or handed them over to a partner designated by us, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period or hand them over to a partner designated by us.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
(2) Sample cancellation form
sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back.)
– To: Pala Health GmbH, Friedrichstrasse 114A, 10117 Berlin, email: support@everjump.fit (without spaces)
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notification is made on paper)
- Date
__________
(*) Delete where not applicable.
(4) We bear the costs of returning or collecting the goods.
(5) If you exercise your voluntary right of return, the repayment will be made to the account you have specified.
(6) Your statutory right of cancellation is not affected by compliance with our rules on the additional contractually granted (voluntary) right of return and remains in effect regardless of this. Until the expiry of the period for the statutory right of cancellation, only the statutory conditions listed in the cancellation policy apply. The contractually granted (voluntary) right of return also does not limit your statutory warranty rights, which you retain without restriction.
(3) Voluntary right of withdrawal
You have the right to withdraw from this contract within 30 days without giving any reason.
The voluntary right of withdrawal begins after the expiry of the statutory right of withdrawal (of 14 days) and runs for a further 16 days. This gives you a total of 30 days of withdrawal (14 days statutory, 16 days voluntary).
If you cancel this contract within the scope of your right of cancellation, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within thirty days from the day on which you verifiably returned the product. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
Your statutory right of cancellation is not affected by compliance with our rules on cancellation and remains in effect regardless of this. Until the deadline for the statutory right of cancellation expires, only the statutory conditions listed there apply. The right of cancellation also does not limit your statutory warranty rights, which you retain without restriction.
8. Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts is limited to intent or gross negligence.
(2) We are liable without limitation in the event of slight negligence in the event of injury to life, body or health or in the event of a breach of a contractual obligation. If we are in default with the service due to slight negligence, if the service has become impossible or if we have breached a contractual obligation, liability for material damage and financial loss resulting therefrom is limited to the damage typically foreseeable under the contract. A contractual obligation is one whose fulfilment makes the proper execution of the contract possible in the first place, whose breach endangers the achievement of the purpose of the contract and on whose compliance you can regularly rely. This includes in particular our obligation to take action and to fulfil the contractually owed service, which is described in Section 3.
(3) Claims under the Product Liability Act remain unaffected in any case.
9. Contract language
The contract language is exclusively German or English.
10. Warranty/Customer Service
(1) The warranty is based on the statutory provisions.
(2) Our customer service department is available for questions, complaints and grievances from Monday to Friday between 9:00 a.m. and 3:00 p.m. via email: support@everjump.fit (without spaces) is available.
11. Choice of law, place of performance, place of jurisdiction
(1) Non-uniform German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident (favorability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office if the customer is a merchant, a legal entity under public law or a special fund under public law (and not a consumer) or if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The right to also bring the case before a court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
12. Dispute resolution
(1) The EU Commission offers the possibility of online dispute resolution on an online platform it operates. This platform can be accessed via this external link.https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguageto reach.
(2) We are not obliged to participate in an arbitration procedure and unfortunately cannot offer participation in such a procedure.
13. Availability; procurement risk; cancellation of the delivery obligation; extension of delivery times; transfer of risk; delay; delivery area
(1) We keep many of the goods offered in stock, but due to the variety of types, the respective stock quantity is limited to household quantities for consumers. If you as a company would like to place larger orders, please clarify availability beforehand.
(2) We do not assume any procurement risk, even in the case of a purchase contract for a generic product. We are only obliged to deliver from our inventory and the delivery of goods ordered by us from our suppliers.
(3) Pala Health GmbH's obligation to deliver ceases to apply if Pala Health GmbH itself is not supplied correctly and on time despite a proper congruent hedging transaction and is not responsible for the lack of availability, you were informed of this immediately and no procurement risk was assumed. If the goods are not available, any advance payment will be refunded immediately.
(4) The delivery time will be extended appropriately if circumstances such as force majeure affect the delivery. Force majeure includes strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks for which we are not responsible, operational disruptions for which we are not responsible, for example due to fire, water and machine damage, and all other disruptions that, from an objective point of view, were not caused by us. You will be informed immediately of the start and end of such disruptions. If the impediment to performance in the aforementioned cases lasts for a period of more than 4 weeks after the originally applicable delivery times, you are entitled to withdraw from the contract. There are no further claims, in particular for damages.
(5) In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold in the case of mail order sales passes to the consumer when the goods are handed over to the consumer or a recipient designated by him. This applies regardless of whether the shipment is insured or not. It is equivalent to handover if the buyer is in default of acceptance. Otherwise, the risk of accidental loss and accidental deterioration of the goods passes to the buyer when the goods are handed over, or in the case of mail order sales when the goods are delivered to the freight forwarder or to the person or institution otherwise designated to carry out the shipment.
(6) If the customer defaults on acceptance, Pala Health GmbH reserves the right to sell the goods to a third party or to hold the original customer liable for any loss.
(7) If the customer defaults on a payment obligation, all claims against this customer shall become due and payable by Pala Health GmbH.
(8) Delivery takes place within the Federal Republic of Germany
14. Vouchers
Vouchers are vouchers that we issue as part of advertising campaigns with a specific period of validity. You cannot purchase vouchers. Vouchers are only valid for everjump.fit and only during the specified period. We may exclude individual items from the voucher campaign. Vouchers can only be redeemed once per order. A refund of any remaining balance is not possible for administrative reasons. You can only redeem a voucher before completing an order process. Subsequent settlement is generally not possible. We do not pay out the balance of a voucher in cash, nor does it accrue interest. If the balance of a voucher is insufficient for the order, the difference must be made up using the payment options offered. The voucher will not be refunded if goods are returned in whole or in part, provided that the voucher was issued as part of a promotional campaign and no consideration was given in return. You are not entitled to transfer vouchers to third parties. You are not entitled to combine multiple vouchers.
Stand: Januar 2022