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General terms and conditions
1. Scope of application
For all orders via our online store by consumers and entrepreneurs, the following GTC apply.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
The following shall apply vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract, correction options
The purchase contract is concluded with Sport-Tec GmbH Physio & Fitness.
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking the order button you make a binding offer for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.
We will accept your offer within two days by
- we issue a declaration of acceptance in a separate e-mail or
- if applicable, the payment transaction is executed by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the respective selected payment method (see under "Payment").
The alternative that is relevant to you is based on which of the enumerated events occurs first.
3. Contract language, contract text storage
he language(s) available for the conclusion of the contract: English, German
We save the text of the contract and send you the order data and our GTC in text form. The contract text is no longer accessible via the Internet for security reasons.
4. Delivery conditions
In addition to the stated product prices may still be shipping costs. For more information about shipping costs, please refer to the offers.
In principle, you have the option to pick up at Sport-Tec GmbH Physio & Fitness, Lemberger Straße 255, 66955 Pirmasens, Germany during the following business hours: Monday to Thursday: 8:00 a.m. to 5:00 p.m., Friday: 8:00 a.m. to 3:00 p.m.
We do not deliver to packing stations.
In our shop you can basically use the following payment methods:
If you choose payment in advance, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
In the order process you enter your credit card details. Your card will be charged immediately after placing the order.
SEPA Direct Debit
By placing the order, you grant us a SEPA direct debit mandate. We will inform you about the date of the account debit at least one bank business day in advance (so-called prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and the 24th and 31st of December each year. The account will be debited before the goods are shipped.
IIn cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M. we offer the payment method giropay.
To pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.
Giropay may offer additional payment modalities in the customer account to registered giropay customers selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with giropay.
You can find more information about this in your giropay account.
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M. we offer the payment methods paydirekt.
In order to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the order process.
Paydirekt may offer additional payment modalities in the customer account to registered paydirekt customers selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with paydirekt.
You can find more information on this in your paydirekt account.
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal") we offer you the following payment options as PayPal Services. Unless otherwise stipulated below, payment via PayPal does not require registration with PayPal. You will receive further information with the respective payment option and in the order process.
In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order.
PayPal may offer additional payment modalities in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information about this in your PayPal account.
Purchase on account via PayPal and Ratepay
The purchase on account via PayPal requires an address and credit check and is made directly to Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin ("Ratepay").
Sofort by Klarna
In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.
Installment purchase via TeamBank AG Nürnberg
In cooperation with TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nuremberg, Germany we offer you the possibility of installment purchase. Prerequisite is a successful address and credit check. For the payment processing apply ‐ supplementary to our terms ‐ the terms and conditions of TeamBank AG Nürnberg. Further information including the terms and conditions of TeamBank AG Nürnberg you will receive in the ordering process.
The invoice amount is due 30 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.
6. Right of cancellation
Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of cancellation.
7. Retention of title
The goods remain our property until full payment.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you shall assign to us in advance all claims arising from this resale ‐ irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we shall accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
9. Warranty and guarantees
9.1. Defect liability law
Unless otherwise expressly agreed below, the statutory liability for defects shall apply.
The following restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations)
- within the scope of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened up.
Restrictions against entrepreneurs
With respect to entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.
The previous sentence shall not apply to an item that has been used for a building in accordance with its customary use and has caused the building to be defective.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Regulations vis-à-vis merchants
Among merchants, the duty of inspection and notification of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
9.2. Warranties and customer service
Information on any additional warranties that may apply and their exact terms can be found with the product and on special information pages in the online store.
Customer service: You can reach our customer service for questions, complaints and claims from Monday to Thursday from 08:00 to 17:00 and on Fridays from 08:00 to 15:00 by calling +49 (0) 6331 1480-0 and by e-mail at firstname.lastname@example.org.
For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- in case of injury to life, body or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of warranty promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. Code of Conduct
We have submitted to the following codes of conduct:
12. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
14. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.