General terms and conditions
§1 Scope of application
- Our following General Terms and Conditions of Business apply exclusively to all business relations between us and customers in the version valid at the time of the order.
- Deviating, conflicting or supplementary General Terms and Conditions of Business of entrepreneurs, even if known, shall not become part of the contract unless their validity is expressly agreed by us.
Contractual partner is:
§ 2 Definitions
- "Consumer" in the sense of these terms and conditions is any natural person who enters into a business relationship with us for a purpose that cannot be attributed to his commercial or self-employed professional activity (§ 13 BGB).
- "Entrepreneurs" within the meaning of these Terms and Conditions are natural or legal persons or partnerships with legal capacity who enter into a business relationship with us acting in the exercise of their commercial or self-employed activity (§ 14 BGB). Entrepreneurs who do not act in the exercise of their commercial or self-employed activity are also deemed to be consumers within the meaning of these Terms and Conditions.
- "Customers" within the meaning of these Terms and Conditions are both consumers and entrepreneurs.
§ 3 Conclusion of the contract/storage of the text of the contract
- The following regulations on the conclusion of the contract apply to orders placed via our Internet shop.
- The presentation of the goods in our Internet shop does not constitute a legally binding contractual offer on our part, but only a non-binding invitation to the customer to order goods. By ordering the desired goods, the customer submits a binding offer to conclude a purchase contract.
- Upon receipt of an order in our Internet shop, the following regulations shall apply:
The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our Internet shop. The order is placed in the following steps:
- Selection of the desired goods
- Confirmation by clicking the "Add to shopping cart" button
- Checking the details in the shopping basket
- Confirmation of the selection by clicking the button "Proceed to checkout
- Entering your personal data with reference to the applicable general terms and conditions as well as cancellation policy and reference to the data protection regulations
- Click on the button "Next step
- Selection of the shipping method
- Select the payment method
- Click on the "Next step" button
- Complete overview of the order
- Binding submission of the order by clicking the "Buy now" button
- Your order data will be forwarded to the website of the payment service provider (www.payone.de) for payment processing, depending on the payment method.
- The customer can cancel his order at any time before the binding sending of the order by clicking the button "buy now" either by closing the Internet browser or by removing the products in the shopping basket. The sending of the customer's order constitutes his binding offer to conclude a purchase contract with us, whereby the contract is concluded by our acceptance of the contract, which can be declared expressly by the end of the fourth working day following the order, or by delivery of the goods to the customer, or by request for payment, whichever occurs first. If we offer you the option of making a specific payment for the order beforehand, this shall be deemed to be our binding offer to conclude a purchase contract with the selectable means of payment to you, which you can accept by making the payment, whereby the contract shall be concluded by your payment.
- We save the text of the contract and send you the order data and our GTC by e-mail.
§ 4 Prices, shipping costs, payment, due date
- The prices stated include the statutory value added tax and other price components. Shipping costs are included for deliveries within the territory of the Federal Republic of Germany from an order value of 45 EUR. Up to an order value of 45 EUR, shipping costs 4.50 EUR per order. Exceptions are the areas outside the territory of the Federal Republic of Germany designated in the UStG § 1 para. 2, here no delivery and therefore no sale can take place. For shipping to Austria and Switzerland we charge shipping costs, depending on the total weight and value of the order.
Details on shipping can be found .
- Payment is processed via the payment service provider Payone (www.payone.de), Klarna (www.klarna.com/de), Paypal or by prepayment.
- The customer has the option of paying in advance (bank transfer), by credit card (VISA, Mastercard), by PayPal, by direct debit, by invoice, by financing or by immediate bank transfer.
- If the customer has chosen payment in advance, PayPal or Sofortüberweisung, he undertakes to pay the purchase price immediately after conclusion of the contract. In the case of payment by credit card, your account will be debited immediately or on the day of dispatch at the latest. In the case of payment by invoice, direct debit or financing, please refer to the details in the General Terms and Conditions of Klarna (§13).
- During the period of default, the entrepreneur shall pay interest on the monetary debt at a rate of 8 percentage points above the base interest rate. We reserve the right to prove and claim higher default interest damages against the entrepreneur.
- The entrepreneur shall only have a right of set-off if his counterclaims are undisputed or have been legally established.
§ 5 Transfer of risk/delivery time/delivery
- Unless we have clearly stated otherwise, all items offered by us are ready for immediate dispatch.
- We do not dispatch the goods before receipt of payment.
- If our customer is a consumer, the risk of accidental loss and accidental deterioration of the sold item shall not pass to the buyer until the item is handed over to the buyer, even in the case of a mail order purchase.
- If the buyer is an entrepreneur, the risk and danger of the shipment shall pass as soon as the goods have been handed over to the logistics cooperation partner commissioned by us. In the case of entrepreneurs, we reserve the right to determine a new reasonable delivery period if we are unable to meet a delivery period for reasons for which we are not responsible. The customer shall be informed by us without delay. In this respect, we are entitled to withdraw from the contract if the ordered item is not available within this new delivery period. We will immediately refund any consideration paid.
- The ordered goods will not be delivered to the place of use, but only to the curb in front of it.
§ 6 Retention of title
- If the customer is an entrepreneur, we reserve the right to the goods until all claims from an ongoing business relationship have been settled in full. However, if the value of the goods subject to retention of title exceeds the claims to be secured from the ongoing business relationship by 10%, we are obliged to release the goods subject to retention of title.
- In the case of consumers, we retain title to the goods until the purchase price has been paid in full.
- In the case of entrepreneurs, the customer is entitled to resell the goods in the ordinary course of business. The entrepreneur already now assigns all claims in the amount of the invoice amount which accrue to him against a third party through the resale. We accept the assignment. After the assignment, the entrepreneur is authorised to collect the claim. However, we reserve the right to collect the claim ourselves as soon as the entrepreneur no longer properly fulfils his payment obligation and is in default of payment.
§ 7 Liability for defects
- The statutory liability for defects shall apply.
§ 8 Warranty
- For consumers, warranty claims for new goods become statute-barred two years after delivery of the goods.
- In all other respects, the warranty for consumers shall be determined in accordance with the statutory provisions.
In the case of entrepreneurs, warranty claims that are not directed at compensation for damages shall become statute-barred one year after delivery of the goods.
- Entrepreneurs must immediately inspect the goods for quality deviations and defects and notify us in writing of any recognisable defects within a period of one week from receipt of the goods. If the entrepreneur fails to do so, the assertion of the warranty right is excluded. Hidden defects must be reported to us in writing within a period of 1 week from discovery. Timely dispatch of the notice of defect shall be sufficient to meet the deadline. The entrepreneur shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
§ 9 Limitation of liability
- In the case of slightly negligent breaches of duty, our liability and that of our vicarious agents shall be limited to the foreseeable damage typical for the contract. Neither we nor our vicarious agents shall be liable for slightly negligent breaches of non-contractual obligations, the breach of which does not jeopardise the performance of the contract. An essential contractual obligation is an obligation the fulfilment of which enables the proper execution of the contract in the first place and on the observance of which the buyer may regularly rely.
- Our liability under the German Product Liability Act (ProdHaftG) and under guarantee shall remain unaffected. Furthermore, the limitations of liability do not apply in the event of bodily injury or damage to health attributable to us or in the event of loss of life of the customer.
§ 10 Warranty conditions
We provide a guarantee for our appliances in accordance with the following conditions:
1. We will repair free of charge in accordance with the following conditions (numbers 2-5) any damage or defects to the appliance which are demonstrably due to a manufacturing defect if they are reported to us immediately after discovery and within:
- Hammer / Hammer Boxing / FinnSpa / Men's Health Powertools: 24 months
- Finnlo: 36 months
- Dr. Dish and Escalade basket liners: 5 years
- Dr. Dish and Escalade accessories: 1 year
- Basketball equipment wear parts: 6 months
- Finnlo Maximum / SOLE Private use:
Warranty 36 months, warranty on main frame 10 years
- Finnlo Maximum / SOLE Semi-profess. use
Warranty 12 months, warranty on main frame 5 years
- Finnlo Maximum / SOLE Professional use
reported to the end user after delivery.
The warranty does not cover easily breakable parts, such as glass or plastic. A warranty obligation is not triggered: by minor deviations from the nominal condition which are insignificant for the value and usability of the device, by damage from chemical and electrochemical effects, from water and generally by damage due to force majeure.
2. The guarantee is provided in such a way that defective parts are repaired free of charge or replaced by faultless parts at our discretion. The costs for material and working time shall be borne by us. Repairs at the place of installation cannot be requested. The proof of purchase with the date of purchase and/or delivery must be presented. Replaced parts become our property.
3. The guarantee claim expires if repairs or interventions are carried out by persons who are not authorised by us to do so, or if our units are fitted with supplementary or accessory parts which are not matched to our units, furthermore if the unit is damaged or destroyed by the influence of force majeure or environmental influences, in the case of damage which has occurred due to improper handling - in particular non-observance of the operating instructions - or maintenance, or if the unit shows mechanical damage of any kind. After consultation by telephone, the customer service department can authorise you to have parts sent to you repaired or exchanged. In this case, the warranty claim will of course not expire.
4. Warranty services do not result in an extension of the warranty period nor do they start a new warranty period.
5. Further or other claims, in particular those for compensation for damage occurring outside the device, are excluded - insofar as liability is not mandatorily prescribed by law.
6. Our warranty conditions, which contain the prerequisites and scope of our warranty services, do not affect the contractual warranty obligations of the seller.
7. Parts subject to wear and tear, which are identified as such in the parts list, are not subject to the warranty conditions.
8. In individual cases, the consumer receives a one-year warranty extension (main frame excluded), for which the warranty conditions just listed apply.
§ 11 Return costs agreement, cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the enclosed model cancellation form for this purpose, which is, however, not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the notification of exercising the right of cancellation before the end of the cancellation period.
Consequences of cancellation
If you cancel this contract, we must refund all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received the notification of your cancellation of 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; in no case will you be charged for this repayment. We can 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. We will collect the goods. We will pay the cost of returning the goods. 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 the condition, properties and functioning of the goods.
Please note that the two-man delivery is a one-time booked service and the goods will be collected from you by standard delivery.
§ 12 Place of jurisdiction/contractual penalty
- The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, the choice of law shall only apply insofar as the protection granted is withdrawn by mandatory provisions of the legal state in which the consumer has his habitual residence.
- If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office. We are entitled to sue the customer at his place of business.
- If the customer does not have a general place of jurisdiction in Germany, or if the customer's place of residence or habitual abode is unknown at the time the action is brought, our place of business shall be the place of jurisdiction for all disputes arising from this contract.
- German shall be the sole language of the contract.
For Germany & Austria:
Payment by invoice and financing
In cooperation with Klarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer invoice and instalment purchase as a payment option. Please note that Klarna Invoice and Klarna Instalment Purchase are only available to consumers and that payment must be made to Klarna in each case.
When buying on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. The full terms and conditions for purchase on account for deliveries to Germany can be found here and the full terms and conditions for purchase on account for deliveries to Austria can be found here.
With Klarna's financing service, you can pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least €6.95) or under the conditions otherwise specified in the checkout. For more information on Klarna instalment purchase, including the General Terms and Conditions and the European Standard Information for Consumer Credit, click here.
Klarna checks and evaluates your data details and, where it has a legitimate interest and reason to do so, exchanges data with other companies and credit reference agencies. Your personal data will be treated in accordance with the applicable data protection regulations and as specified in Klarna's Data Protection Policy for Germany/Austria.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The receivable is thereby transferred to Klarna.
The payment period is 30 days from the date of dispatch of the goods/ticket/ or, in the case of other services, the provision of the service. Within the framework of the invoice payment method, Klarna cooperates with Billpay GmbH, Zinnowitzer Straße 1, 10115 Berlin, Germany. The receivable is further transferred to BillPay for this purpose. The payment is made to BillPay in each case. You can find the invoice conditions here. The use of the invoice payment method requires a positive credit check. General information about Billpay can be found here.
Your account will be debited immediately after placing the order.
Data protection notice:
Billpay/Klarna's payment options
In order to provide you with Klarna's payment options and to check whether these can be provided to you, as well as to be able to offer you adapted payment methods, some of your personal data is transmitted to Klarna.
General information about Klarna can be found here and about BillPay here. Your personal data will be processed in accordance with applicable data protection laws and Klarna's and BillPay's privacy policies.
Your personal data, in particular contact and shopping cart data, will be transmitted by Klarna to BillPay GmbH ("BillPay"). BillPay transmits your personal data to credit agencies for identity and credit checks.
Your personal data, in particular contact and shopping cart data, are processed by Klarna.
In the event that one or more provisions of these terms and conditions should become invalid or unenforceable, or should they subsequently become so, the remaining provisions shall remain unaffected, unless the omission of individual clauses would put a contracting party at such an unreasonable disadvantage that it can no longer be expected to adhere to the contract.
Status of the GTC January 2015
Notes on the environment and packaging
Packaging Ordinance - VerpackV - Participation in a nationwide system for the return of sales packaging.
We hereby confirm that we fully comply with our obligations under the German Packaging Ordinance (VerpackV) as amended on 01.01.2009. In particular, we have joined a system for the nationwide return of sales packaging that accumulates at private end consumers (cf. § 6 Para. 3 VerpackV).
This is Interseroh.
Instruction according to § 12 Battery Law - BattV
In connection with the sale of batteries or rechargeable batteries, or devices that are operated with batteries or rechargeable batteries, we are obliged as a dealer under the Battery Act to inform you about the relevant regulations and obligations:
Make sure that you hand in your old batteries/rechargeable batteries at a municipal collection point or at your local retailer, as required by law. Disposing of them in the normal household waste is prohibited and violates the battery law. The return is free of charge for you. You are also welcome to return batteries/battery packs purchased from us free of charge after use. Returns of batteries/rechargeable batteries should be sent to:
Batteries and rechargeable batteries containing harmful substances are clearly marked with the symbol of a crossed-out dustbin. Furthermore, below the symbol of the crossed-out dustbin is the chemical name of the corresponding pollutants. Examples are: (Pb) lead, (Cd) cadmium, (Hg) mercury.
You can also read this information again in the documents accompanying the delivery of the goods or in the operating instructions of the respective manufacturer.
Further detailed information on the Battery Act is available from the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, for example at www.bmu.de/abfallwirtschaft.
Note on the dispute resolution procedure
We do not participate in a dispute resolution procedure before a consumer arbitration board. However, the law on alternative dispute resolution in consumer matters requires that we nevertheless point you to a consumer arbitration board that is responsible for you:
General Consumer Arbitration Board of the Centre for Arbitration e. V.
Strassburger Str. 8
Image source: ©pixelkorn - stock.adobe.com