(The following GTC also contain legal information on your rights under the provisions on distance contracts and electronic commerce).
GENERAL TERMS AND CONDITIONS OF PALA HEALTH GMBH FOR THE ONLINE STORE EVERJUMP AT WWW.EVERJUMP.FIT
1 Validity, definitions of terms
(1) Pala Health GmbH, Friedrichstraße 114, 10117 Berlin (hereinafter referred to as "we" or "Everjump") operates an online store for products related to rope tracking rings and accessories under the website http://www.everjump.fit. The following general 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) "Consumer" within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.
2 Conclusion of the contracts, storage of the contract text
1) The following provisions on the conclusion of contracts apply to orders placed via our online store 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) Upon receipt of an order in our online store, the following regulations apply: The consumer submits a binding contractual offer by successfully completing the order procedure provided for in our online store.
(4) The order is placed in the following steps:
Selection of the desired goods,
Click on the "Add to shopping cart" button,
Enter the customer data (invoice details and delivery address), select the payment method, check the details in the shopping cart,
Click on the button "Order with obligation to pay" (this represents 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 to the e-mail address provided.
(5) If the contract is concluded, the contract is concluded with
Pala Health GmbH, Friedrichstraße 114, 10117 Berlin, represented by the managing directors Julian Fuchs and Moritz Lienert.
(6) Before placing the order, the contract data can be printed out or saved electronically using the browser's print function. 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 revocation policy, is carried out by e-mail after you have placed the order, in some cases automatically. We do not save the text of the contract after it 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 canceling the order process prematurely, closing the browser window and repeating the process.
3 Subject matter of the contract and essential characteristics of the goods
(1) The object of the contract in our online store is the purchase of products relating 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 quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes. For deliveries to Switzerland, not all price components are included, but the customer is responsible for paying any taxes and import duties directly to the relevant customs authorities.
(2) The respective purchase price is due upon conclusion of the contract and must always 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 by Amazon Payments, by Paypal, by instant bank transfer, 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 reserve title to the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve title to the object of sale until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
(3.2) You shall only have a right of set-off if your counterclaims have been legally established or are undisputed or recognized by us. Furthermore, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
(3.3) If the customer is in arrears with any payment obligations to us, all existing claims shall become due immediately.
5 Data protection
(1) We collect, store and use the customer's personal data (e.g. name and address) for the purpose of performing the respective contract.
(2) Your data will be passed on to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the products. For the processing of 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 controller within the meaning of the BDSG is Pala Health GmbH, Friedrichstraße 114, 10117 Berlin, represented by the Data Protection Officer.
(4) Your personal data is encrypted during the ordering process and transmitted over the Internet using SSL. Credit card details are not stored.
(5) You have the right to free information about your personal data stored by us and, if applicable, a right to correction, blocking or deletion of this data. You can also object to the use of your personal data with effect for the future. All you need to do is send an e-mail to [email protected].
(6) Further information on the use of your data can be found in our privacy policy (link).
6 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 is fourteen days from the date,
- on which you or a third party named by you, who is not the carrier, has or has taken 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 uniformly, or;
- on which you or a third party named by you, who is not the carrier, have taken possession of the last goods, 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 named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece, if you have ordered goods that are delivered in several partial shipments or pieces.
To exercise the right to cancel, you must inform us (Pala Health GmbH, Friedrichstraße 114, 10117 Berlin, E-Mail: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
(1) If you withdraw from this contract, we will refund all payments we have received from you, excluding shipping costs and a small handling fee of € 2.99 (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse to refund you 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 the earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days or hand them over to a partner named by us.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
(2) Sample withdrawal form
Sample withdrawal form
(If you wish to cancel the contract, please fill out this form and send it back to us).
- To: Pala Health GmbH, Friedrichstraße 114, 10117 Berlin, E-Mail: [email protected]
- 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 the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date
__________
(*) Delete as appropriate.
(4) We shall bear the costs of the return shipment or collection.
(5) If you exercise your voluntary right of return, the repayment will be made to the account specified by you.
(6) Your statutory right of withdrawal is not affected by compliance with our rules on the supplementary contractual (voluntary) right of return and remains unaffected. Until the expiry of the period for the statutory right of withdrawal, only the statutory conditions listed in the withdrawal policy shall apply. The contractually granted (voluntary) right of return also does not restrict your statutory warranty rights, which remain unrestricted.
(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 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 right of withdrawal (14 days statutory, 16 days voluntary).
If you withdraw from this contract under the right of withdrawal, we will refund all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within thirty days from the day on which the product was demonstrably returned. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
Your statutory right of withdrawal is not affected by compliance with our rules on the right of withdrawal and remains unaffected. Until the expiry of the period for the statutory right of withdrawal, the statutory conditions listed there apply exclusively. Furthermore, the right of withdrawal does not restrict your statutory warranty rights, which remain unrestricted.
7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and tort is limited to intent or gross negligence.
(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for property damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. A material contractual obligation is one whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes in particular our obligation to take action and fulfill the contractually owed service, which is described in § 3.
(3) Claims under the Product Liability Act remain unaffected in any case.
8 Contract language
The contract language is exclusively German or English.
9 Warranty/Customer service
(1) The warranty shall be governed by the statutory provisions.
(2) Our customer service for questions, complaints and objections is available from Mon-Fri from 09:00 to 15:00 under e-mail: [email protected].
10 Choice of law, place of performance, place of jurisdiction
(1) The non-unified German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction shall be 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 your place of residence or habitual abode is not known at the time the action is brought. This does not affect the right to appeal to the court at another legal place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
11 Dispute resolution
(1) The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be accessed via this external https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage to reach.
(2) We are not obliged to participate in arbitration proceedings and unfortunately cannot offer participation in such proceedings.
12 Availability; procurement risk; lapse of the delivery obligation; extension of delivery times; transfer of risk; delay; delivery area
(1) Many of the goods on offer are kept in stock by us, whereby the respective stock quantity is limited to normal household quantities for consumers due to the variety of types. If you wish to place larger orders as a company, please check availability in advance.
(2) We shall not assume any procurement risk, not even in the case of a purchase contract for generic goods. We are only obliged to deliver from our stock of goods and the delivery of goods ordered by us from our suppliers.
(3) Pala Health GmbH's obligation to deliver does not apply if Pala Health GmbH itself is not supplied correctly and on time despite a proper congruent covering 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 period shall be extended appropriately in the event of circumstances affecting delivery due to force majeure. Force majeure includes strikes, lockouts, official interventions, shortages of energy and raw materials, transport bottlenecks through no fault of our own, operational hindrances through no fault of our own, for example due to fire, water and machine damage, and all other hindrances which, from an objective point of view, were not caused by us. You will be informed immediately of the beginning and end of such hindrances. 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. Further claims, in particular for damages, do not exist.
(5) In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer or a recipient designated by the consumer upon delivery of the goods. This applies regardless of whether the shipment is insured or not. If the buyer is in default of acceptance, this shall be deemed equivalent to handover. Otherwise, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover or, in the case of sale by delivery to a place other than the place of performance, upon delivery of the goods to the carrier or other person or institution designated to carry out the shipment.
(6) If the customer is in default of 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 is in arrears with a payment obligation, all existing claims of Pala Health GmbH against this customer shall become due.
(8) Delivery takes place within the Federal Republic of Germany
13 vouchers
Vouchers are vouchers that we issue as part of advertising campaigns with a specific period of validity. Vouchers cannot be purchased. Vouchers are only valid for everjump.fit and only for the specified period. We may exclude individual items from the voucher promotion. Vouchers can only be redeemed once per order. A refund of any remaining credit is not possible for administrative reasons. You can only redeem a voucher before completing an order process. Subsequent offsetting is not possible. We do not pay out the credit balance of a voucher in cash, nor do we pay interest on it. If the credit balance of a voucher is not sufficient for the order, the difference must be settled 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 promotion and no consideration was provided in return. You are not entitled to transfer vouchers to third parties. You are not entitled to combine several vouchers.
Status: October 2020