Terms of service

 

(The following terms and conditions also contain legal information about your rights under the rules on contracts in distance selling and electronic commerce.)

 

GENERAL TERMS AND CONDITIONS OF PALA HEALTH GMBH FOR THE ONLINE SHOP EVERJUMP UNDER WWW.EVERJUMP.FIT

 

1. validity, definitions of terms

 

(1) Pala Health GmbH, Friedrichstrasse 114A, 10117 Berlin (hereinafter: we or Everjump) operates under the website http://www.everjump.fit an online store for products related to rope jump rings and accessories. The following general terms and conditions apply to all services between us and our customers (hereinafter: customer or you) in their 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 enters into a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed.

 

2. conclusion of the contracts, storage of the contract text

 

1) The following regulations about the conclusion of the contract apply to orders via our online store at http://www.everjump.fit/

 

(2) Our product representations on the Internet are non-binding and not a binding offer to conclude a contract.

 

(3) Upon receipt of an order in our Internet store, the following rules apply: The consumer makes a binding contract offer by successfully running through the order procedure provided in our Internet store.

 

(4) The order takes place in the following steps: selection of the desired goods, clicking the button Add to cart, entering the customer data (billing details and delivery address), selection of payment method, verification of the information in the shopping cart, clicking the button Order subject to payment (this represents your legally binding contract), The contract for the purchase of the selected goods is concluded by sending you within three working days to the specified e-mail address an order confirmation from us.

 

(5) In the case of the conclusion of the contract, the contract is concluded with Pala Health GmbH, Friedrichstrasse 114A, 10117 Berlin, represented by the managing directors Julian Fuchs and Moritz Lienert.

 

(6) Before ordering, the contract data can be printed or electronically saved via the print function of the browser. 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 terms and conditions and the cancellation policy, is carried out by e-mail after the order is triggered by you, partly automated. We do not store the contract text after the conclusion of the contract.

 

(7) Input errors can be corrected using the usual keyboard, mouse and browser functions (eg back button of the browser). They can also be corrected by the fact that you cancel the ordering process prematurely, close the browser window and repeat the process.

 

3. subject matter of the contract and essential characteristics of the goods

(1) In our online store, the subject 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 listed in the respective offers and the shipping costs are total prices and include all price components including all applicable taxes. For deliveries to Switzerland are not all price components included, but carries the customer accruing taxes and import duties themselves directly against the competent customs authorities.

 

(2) The respective purchase price becomes due upon conclusion of the contract and is in principle to be paid before delivery of the product. As a rule, we offer you different payment methods for each order. As payment methods can be available the payment by Amazon Payments, by Paypal, by Sofort-Ueberweisung, by credit card (Visa, Mastercard, American Express). The specific available payment methods you can select in the ordering process.

 

(3) Retention of title; set-off; right of retention

 

(3.1) For consumers, we retain ownership of the purchased item until full payment of the invoice amount. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or public law special assets, we retain ownership of the purchased item until settlement of all outstanding claims arising from the business relationship with the customer. The corresponding security rights are transferable to third parties.

 

(3.2) You are only entitled to a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. In addition, you have a right of retention only if and to the extent that your counterclaim is based on the same contractual relationship.

 

(3.3) If the customer is in default with any payment obligations towards us, all existing claims shall become immediately due and payable.

 

 

5. subscriptions / app

 

1) Your subscription may vary, for example, with monthly or annual automatic renewal (the "Subscription Term") as described in the course of your transaction. Your Subscription will automatically renew for an additional term as agreed to in the Subscription Term for as long as the Subscription is maintained, until terminated by you or until we suspend or discontinue providing the Subscription Services in accordance with our Terms of Use. Unless otherwise specified by us, you will be billed for the fees prior to or at the beginning of each renewal period. We will notify you of the applicable fees and on what date the Subscription will be renewed again at the then-current price for the Paid Service before we bill you for the term of the Subscription.

 

(2) You may cancel the subscription at any time. Your cancellation will take effect at the end of the current subscription period. 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 the future fees payable for your subscription. You will not receive a refund for the current subscription term that you have already paid, but you will have full access to that subscription until the end of the then-current subscription term. We may, at any time and for any reason, issue a refund, discount, or other other credit to any or all of our users ("Credits"). The amount and form of such Credits and the decision to grant them will be in our sole discretion. The granting of Credits in one instance does not entitle you to future Credits for similar instances, nor does it obligate us to grant Credits to you 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 become effective upon notice to you.

 

 

6. data protection

 

(1) We collect, store and use personal data of the customer (eg name and address) for the purpose of the implementation of the respective contract.

 

(2) A transfer of your data to the shipping company commissioned with the delivery, as far as this is necessary for the delivery of the products. For the processing of payments, we pass on your payment data if necessary to the credit institution commissioned with the payment or to the payment service provider selected in the ordering process.

 

(3) Responsible body in the sense of the BDSG is Pala Health GmbH, Friedrichstrasse 114A, 10117 Berlin, represented by the data protection officer.

 

(4) Your personal data will be transmitted in the ordering process encrypted using SSL over the Internet. Credit card data will not be stored.

 

(5) You have the right to free information about your personal data stored by us and, if necessary, a right to correct, block or delete this data. In addition, you can object to the use of your personal data with effect for the future. For this purpose, an e-mail to support@everjump.fit.

is sufficient

(6) Further information on the use of your data can be found in our privacy statement (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 within fourteen days without giving any reason this contract. The withdrawal period is fourteen days from the day,

 

on which you or a third party named by you, who is not the seller, have taken or has taken possession of the goods, provided that you have ordered one or more goods in the context of a uniform order and these are or will be delivered uniformly, or;

 

on which you or a third party named by you, who is not the seller, have taken or has taken possession of the last goods, if 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 supplier, have taken possession of the last partial consignment or the last piece, or has taken possession of the last partial consignment or the last piece, if you have ordered goods that are delivered in several partial consignments or pieces.

 

To exercise your right of withdrawal, you must inform us (Pala Health GmbH, Friedrichstrasse 114A, 10117 Berlin, e-mail: support @ everjump . fit (without spaces)) by means of a clear declaration (e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory.

 

To meet the withdrawal deadline, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Consequences of revocation

 

(1) If you cancel this contract, we have all payments that we have received from you, including the delivery costs (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 no later than within fourteen days from the day on which the notification of your revocation of this contract is received by us. For this repayment, we will use the same means of payment that you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this repayment. We may refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods or handed over to a partner designated by us, whichever is the earlier.

 

You have the goods immediately and in any case no later than fourteen days from the date on which you notify us of the revocation of this contract, return or hand over to us. The deadline is met if you send the goods before the expiry of the period of fourteen days or hand over to a partner designated by us.

 

You must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

 

(2) Sample cancellation form

 

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back)

To: Pala Health GmbH, Friedrichstrasse 114A, 10117 Berlin, e-mail: support @ everjump . fit (no 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 for notification on paper)

Date

__________

(*) Delete as applicable.

(4) We bear the cost of return or collection.

(5) The repayment is made, when exercising the voluntary right of return, to the account to be named by you for this purpose.

(6) Your statutory right of withdrawal is not affected by compliance with our rules on the supplementary contractually granted (voluntary) right of return and remains in force regardless. Until the expiration of the period for the statutory right of withdrawal, only the legal conditions listed in the cancellation policy apply. The contractually granted (voluntary) right of return also does not limit your statutory warranty rights, which remain unrestricted.

 

(3) Voluntary right of withdrawal

 

You have the right to revoke this contract within 30 days without giving reasons.

 

The voluntary right of withdrawal begins after the expiry of the statutory right of withdrawal (of 14 days) and runs for 16 more days. Thus, you have a total of 30 days right of withdrawal (14 days statutory, 16 days voluntary).

If you cancel this contract under the right of withdrawal, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and no later than thirty days from the day on which it is proven that the product was returned. For this repayment, we will use the same means of payment that you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this repayment. We may refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

 

Your statutory right of withdrawal is not affected by compliance with our rules on the right of withdrawal and remains regardless of this. Until the expiry of the period for the statutory right of withdrawal apply exclusively the legal conditions listed there. The right of withdrawal also does not limit your statutory warranty rights, which remain unrestricted.

 

8. 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 breach of a material contractual obligation. If we are in default with the performance due to slight negligence, if the performance has become impossible or if we have violated an essential contractual obligation, the liability for material and property damage attributable thereto shall be limited to the foreseeable damage typical for the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and on the observance of which you may regularly rely. This includes in particular our duty to act and the performance of the contractually owed performance, which is described in 3.

 

(3) Claims under the Product Liability Act remain unaffected in any case.

 

9. contract language

 

As the contract language is exclusively German or English available.

 

10. Warranty/Customer Service

 

(1) The warranty is governed by the statutory provisions.

 

(2) Our customer service for questions, complaints and claims is available from Mon-Fri in the time from 09:00 to 15:00 under e-mail: support @ everjump . fit (without spaces), at your disposal.

 

11. Choice of law, place of performance, place of jurisdiction

 

(1) The non-unified German law shall apply. For consumers, this choice of law applies only insofar as this does not deprive the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (Guenstigkeitsprinzip).

 

(2) Place of performance for all services from the existing business relations with us and jurisdiction is our headquarters, if the customer is a merchant, legal entity under public law or public law special assets (and no consumer) or if you have no general jurisdiction in Germany or the EU or the residence or usual residence at the time of the action is not known. The right to also call the court at another statutory jurisdiction, remains unaffected.

(3) The provisions of the UN Sales Convention shall expressly not apply.

 

12. Dispute Resolution

 

(1) The EU Commission offers the possibility for online dispute resolution on an online platform operated by it. This platform can be reached via this external https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

 

(2) We are not obligated to participate in arbitration proceedings and unfortunately cannot offer participation in such proceedings.

 

13. availability; procurement risk; waiver of the obligation to deliver; extension of delivery times; transfer of risk; default; delivery area

 

(1) Many of the goods offered are held by us immediately available, whereby the respective stock quantity due to the variety of types is limited only to household quantities for consumers. If you want to place larger orders as a company, please clarify the availability beforehand.

 

 

(2) A procurement risk is not assumed by us, even in a purchase contract for a 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) The obligation of Pala Health GmbH to deliver is void if Pala Health GmbH despite proper congruent hedging transaction itself is not supplied correctly and on time and is not responsible for the lack of availability, you were informed about this immediately and no procurement risk was assumed. In case of non-availability of the goods, any advance payment will be refunded immediately.

 

 

(4) The delivery time shall be extended appropriately in the event of circumstances affecting the delivery due to force majeure. The force majeure are equal to strike, lockout, official interventions, energy and raw material shortages, transport bottlenecks through no fault of our own, operational obstacles through no fault of our own, for example, by fire, water and machine damage and all other obstacles that have not been caused by us in an objective view. You will be informed immediately of the beginning and end of such hindrances. If the impediment to performance in the aforementioned cases continues for a period of more than 4 weeks after the originally applicable delivery times, you shall be entitled to withdraw from the contract. Further claims, in particular for damages do not exist.

 

 

(5) For consumers, the risk of accidental loss and accidental deterioration of the sold goods in the mail order purchase with the transfer of the goods to the consumer or a designated recipient. This applies regardless of whether the shipment is insured or not. The handover is the same if the buyer is in default of acceptance. Otherwise, the risk of accidental loss and accidental deterioration of the goods with the handover, in the case of mail-order purchase with the delivery of the goods to the carrier or otherwise to the execution of the shipment determined person or institution to the buyer.

 

 

(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 make the original customer liable for any loss.

 

 

(7) If the customer is in default with a payment obligation, all existing claims against this customer of Pala Health GmbH become due.

 

 

(8) Delivery is made within the Federal Republic of Germany

 

14. vouchers

 

Vouchers are vouchers that we issue as part of promotional campaigns with a certain validity period. Vouchers are not available for purchase. Vouchers are only valid for everjump.fit and only during 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. A subsequent settlement is generally not possible. We do not pay out the credit of a voucher in cash, nor do we pay interest on it. If the balance of a voucher is not sufficient for the order, the difference must be made up with the offered payment options. The voucher will not be refunded if goods are returned in whole or in part, if the voucher was issued as part of a promotion and no consideration was provided for it. You are not entitled to transfer vouchers to third parties. You are not entitled to combine multiple vouchers with each other.

 

As of January 2022