1. scope of application
2. offers and service descriptions
3. order process and conclusion of a contract
4. prices and shipping costs
5. delivery, availability of goods
6. payment modalities
7. retention of title
8. warranty of quality and guarantee
10. storage of the contract text
11. data protection
12. place of jurisdiction, applicable law, contract language
1. scope of application
1.1 For the business relationship between Organic Workout Sportahrung UG, Yorckstr.36, 76185 Karlsruhe (from now on referred to as "Seller") and the customer (from now on referred to as "Customer"), the following General Terms and Conditions of Business shall apply exclusively in the version valid at the time of the order.
1.2 You can reach our customer service for questions, complaints and objections under the e-mail firstname.lastname@example.org ... You will receive an answer within 48 hours.
1.3 A consumer within these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that cannot predominantly be attributed to his commercial or independent professional activity (§ 13 BGB).
1.4 Deviating terms and conditions of the customer shall not be recognised unless the seller expressly agrees to their validity.
2. Offers and descriptions of services
2.1 The presentation of the products in the online shop does not constitute a legally binding offer but an invitation to place an order. Performance descriptions in catalogues and on the Seller's websites do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last" unless stated with the products. Errors and omissions excepted.
3. Order process and conclusion of a contract
3.1 The customer can select products from the seller's assortment without obligation and collect them in a so-called shopping cart by clicking the button "add to cart". The customer can then proceed to the conclusion of the order process within the shopping cart by clicking on the “Proceed to checkout” button.
3.2 By clicking the "Buy" button, the customer submits a binding request to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data anytime. Necessary details are marked with an asterisk (*).
3.3 The seller then sends the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again, and the customer can print it out using the "Print" function (order confirmation). The automatic proof of receipt merely documents that the customer’s order has been received by the seller and does not constitute an acceptance of the application. The purchase contract is only concluded when the seller has sent or handed over the ordered product to the customer within 5 days or has confirmed the dispatch within 5 days with a second e-mail, express order confirmation or sending of the invoice.
3.4 Should the Seller allow payment in advance, the contract shall be concluded by providing the bank details and payment request. Suppose the Seller does not receive the payment within 10 calendar days after sending the order confirmation, despite the due date, even after a renewed request. In that case, the Seller shall withdraw from the contract because the order will lapse, and the Seller shall have no obligation to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article in the case of advance payment is therefore made for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1 All prices stated on the Seller's website include the applicable statutory value-added tax.
4.2 In addition to the prices stated, the Seller shall charge shipping costs for delivery. The shipping costs will be clearly communicated to the Buyer on a separate information page and as part of the ordering process.
5. Delivery, availability of goods
5.1 If advance payment has been agreed upon, delivery will be made after receipt of the invoice amount.
5.2 If not all ordered products are in stock, the seller is entitled to make partial deliveries at his own expense, insofar as this is reasonable for the customer.
5.3 If the delivery of the goods should fail through the buyer’s fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer without delay.
5.4 If the ordered product is unavailable because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no equivalent product is available or the customer does not wish to deliver a comparable product, the seller will immediately reimburse the customer for any already paid consideration.
5.5 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. payment modalities
6.1 The customer can choose from the available payment methods within the framework of and before the conclusion of the order process. Customers will be informed about the available means of payment on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice without deduction. For all other payment methods, payment must be made in advance without deduction.
6.3 If third-party providers are commissioned with the payment processing, e.g. PayPal, their general terms and conditions shall apply.
6.4 If the calendar determines the due date for payment, the customer is already in default for missing the deadline. In this case, the customer shall pay the statutory default interest.
6.5 The customer's obligation to pay default interest does not preclude the seller from asserting further claims for damages caused by default.
7. Retention of title
The delivered goods remain the seller’s property until full payment has been made.
8. Warranty for material defects and guarantee
8.1 Statutory provisions shall govern the warranty.
8.2 The goods delivered by the seller shall only be covered by a guarantee if this has been expressly given. Customers will be informed of the terms of the guarantee before the order process is initiated.
9.1 The following exclusions and limitations of liability apply to the Seller's liability for damages without prejudice to the other statutory conditions for claims.
9.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the violation of which jeopardises the achievement of the purpose of the contract, or for the violation of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer regularly relies upon. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those referred to in the above sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, limb or health for a defect following the assumption of a guarantee for the quality of the product and fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5 Insofar as the Seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. Storage of the text of the contract
10.1 The customer can print out the contract’s text before submitting the order to the seller by using the print function of his browser in the last step of the order process.
10.2 The Seller will also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. With the order confirmation, the customer will also receive a copy of the General Terms and Conditions, the cancellation policy, the information on shipping costs, and delivery and payment terms. If registered in our shop, you can view your orders in your profile area. In addition, we store the contract’s text but do not make it accessible on the Internet.
11. data protection
11.1 The seller processes the customer's personal data for a specific purpose and per the statutory provisions.
11.2 The Seller shall use the personal data provided for ordering goods (such as name, e-mail address, address, and payment data) to fulfil and process the contract. This data will be confidential and will not be passed on to third parties not involved in the ordering, delivery and payment process.
11.3 The customer has the right to receive information free of charge upon request about the personal data stored by the seller about him. In addition, he has the right to correct incorrect data, and block and delete his personal data, provided that there is no legal obligation to retain such data.
12. Jurisdiction, Applicable Law, Contractual Language
12.1 The place of jurisdiction and performance shall be the Seller's registered office if the Customer is a merchant, a legal entity under public law or a special fund under public law.
12.2 The contractual language is German.