Terms of contract in the context of sales contracts which are published on the platform https://www.weightlifting-shop.com/
between
Athlete Solutions GmbH
Wohlhausener Straße 28
08258 Markneukirchen
GERMANY
– hereinafter referred to as “Provider” –
and
the users of this platform designated in § 2 of these General Terms and Conditions – hereinafter referred to as “Customer/Customers” – are concluded.
§ 1 Scope of application
For the business relationship between the provider and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The customer can select products from the provider’s assortment and collect them in a so-called shopping cart by clicking the button “add to cart”. By clicking on the “Buy now” button, he submits a binding request to purchase the goods in the shopping basket. Before sending the order, the customer can change and view the data at any time.
(2) The provider will then send the customer an automatic confirmation of receipt with the subject “Confirmation of your order with German Weightlifting Shop” by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The customer’s order (1) represents the offer to conclude a contract with the respective contents of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. The content of the order is summarized in this order. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of order, terms and conditions, and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout). The text of the contract will be stored in compliance with data protection.
(3) The contract is concluded in the languages: German, English or Spanish.
§ 3 Delivery, availability of goods, terms of payment*
(1) Delivery times stated by the provider are calculated from the time of our order confirmation (§ 2 (2) of these general terms and conditions), prior payment of the purchase price assumed.
(2) For deliveries outside Europe, the delivery time given on the product page/in the shopping cart refers to the time until the shipment arrives in the destination country. The duration of customs clearance is not included in this period.
(3) The delivery time indicated on the product page/in the shopping cart begins with payment via bank transfer on a working day after the payment order of the customer to the transferring bank, or with all other payment methods on a working day after the day of the conclusion of the contract.
(4) If the product designated by the customer in the order is only temporarily unavailable, the provider will also inform the customer immediately.
(5) The customer can pay by cash in advance, PayPal, Giropay, Klarna or by credit card.
(6) If the customer pays by bank transfer, he must transfer the payment of the purchase price plus any delivery and shipping costs incurred to the provider before delivery (Athlete Solutions GmbH, IBAN: DE02 8705 8000 0101 0386 66 , BIC: WELADED1PLX, reason for payment: order no.). The delivery takes place after receipt of the complete invoice amount on the account of the provider.
(7) The payment of the purchase price is due immediately upon the conclusion of the contract. If the due date of the payment is determined by the calendar, the customer is already in default by missing the deadline.
(8) If the goods cannot be delivered to the customer and are returned to the supplier by the parcel service, the purchase contract remains in force for the time being.
(9) The customer is responsible for any errors made when entering data during the checkout process. The costs incurred by an unsuccessful delivery attempt shall therefore be borne by the customer. The customer will be charged the return costs of the parcel service provider and all other costs which have arisen from a return shipment through no fault of the parcel service provider and the provider. The shipping costs for a new delivery of the ordered goods are also to be borne by the customer and must be paid before the new delivery.
*The conditions and deadlines mentioned here apply in addition to the legal right of withdrawal. The legal right of revocation is not limited by the conditions and deadlines mentioned here.
§ 4 Retention of title
Until full payment of the purchase price, the delivered goods remain the property of the provider.
§ 5 Prices and shipping costs
(1) All prices which are indicated on the website of the provider are inclusive of the respective valid legal sales tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer unless the customer exercises a possible right of withdrawal.
(3) In case of a revocation, the customer has to bear the direct costs of the return shipment.
(4) For all orders/deliveries abroad, a flat-rate shipping fee will be charged according to the shipping cost table available in the online shop. Within Germany, shipping from a total order value of 100.00 € is free of charge (except orders with a total weight > of 4 kg, Flow Massage Pistols, Best Body Nutrition, vmaxpro and Poster). Orders to European and non-European countries are generally not free of shipping costs. The shipping costs are calculated dynamically within the ordering process and are displayed in the shopping cart overview before the order. In individual cases, further taxes (e.g. in the case of an intra-community acquisition) and/or charges (e.g. customs duties) may have to be paid by the customer for cross-border deliveries.
(5) Orders to non-EU countries are shipped free of VAT. The tax is then due upon importation in the respective country. In addition, customs and import fees may apply, the customer must pay the fees for customs clearance.
(6) The shipping costs are automatically displayed in the shopping cart overview and are also provided in the shipping costs table of the online shop.
§ 6 Discount codes and their redemption
(1) Discount codes cannot be purchased, but are issued as part of advertising campaigns with a certain period of validity.
(2) Discount codes are only valid within the specified period of time and can only be used once during an order process. Individual brands may be excluded from the promotion. Discount codes cannot be used to purchase gift vouchers. Please note that discount vouchers can be bound to a minimum order value.
(3) The value of the goods must at least correspond to the amount of the discount code. A difference to a higher value of goods can be compensated with the offered payment options. The value of a discount code is neither paid out in cash nor does it bear interest. The discount code is not refundable if goods are returned in whole or in part.
(4) Discount codes can only be redeemed before the order process is completed. A subsequent crediting is not possible. The discount code cannot be transferred to third parties. Several discount codes cannot be combined unless we have agreed otherwise.
(5) Should the customer have used a discount code at the time of purchase, the provider reserves the right to charge the original price of the goods that the customer has kept if – due to a cancellation – the total value of the order falls below or equals the respective value of the discount code.
§ 7 Gift vouchers and their redemption
(1) Gift vouchers are vouchers that can be purchased. These can only be redeemed for the purchase of items, not for the purchase of additional gift certificates. If the credit balance of a gift voucher is not sufficient for the order, the difference can be balanced with the offered payment options.
(2) Gift vouchers and credits can only be redeemed before the order process is completed. The credit balance of a gift voucher is neither paid out in cash nor does it bear interest. To redeem gift vouchers in the customer account or to view an existing credit balance, the customer can log into his customer account.
§ 8 Legal right of withdrawal
(1) In the case of a return of goods, the enclosed return slip can be used. A new return slip can be requested at any time in the customer account or via customer service. The goods should be sent back in the original packaging and preferably as an insured parcel to be reimbursed by the parcel service in case of loss.
(2) Consumers are generally entitled to a statutory right of withdrawal. The legal regulations concerning any existing right of revocation are contained exclusively in the revocation instruction, which can be called up by the customer during the ordering process.
§ 9 Refunds
(1) The provider automatically arranges any refunds to the account used by the customer for payment. If payment is made via bank transfer, the return transfer will be directed to the account from which the transfer was made. For payments by Paypal or credit card, the refund will be made to the associated Paypal or credit card account. If the customer used a gift voucher at the time of purchase, we will credit the corresponding amount to the gift voucher account.
(2) The provider reserves the right to charge shipping costs of 5,99 € retroactively, should the value of the order fall below the minimum order value of 100 € (withing Germany) for free shipping after deduction of the return.
§ 10 Warranty for material defects
The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. Towards entrepreneurs, the warranty period for items delivered by the provider is 12 months.
§ Section 11 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer from the injury of life, body, health or from the injury of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for this type of contract if this was caused by simple negligence unless the Customer’s claims for damages are based on injury to life, body or health.
(3) The restrictions of par. 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are made directly against them.
(4) The regulations of the product liability law remain unaffected.
§ 12 Notes on data processing
(1) The provider collects data of the customer in the context of the processing of contracts. In particular, he shall observe the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent, the provider will only collect, process or use the customer’s inventory and usage data to the extent that this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the provider will not use customer data for purposes of advertising, market, or opinion research.
§13 Final provisions
(1) On contracts between the offerer and the customers the right of the Federal Republic of Germany under exclusion of the UN-purchase right as well as the international private law finds application.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, shall apply. Insofar as this would represent an unreasonable hardship for one party to the contract, the contract as a whole shall, however, become invalid.
