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A. Terms and Conditions Online Shop
§ 1 Application
(1) These terms and conditions of sale of aerobis fitness GmbH, Dieselstr. 6, 50859 Köln (aerobis fitness GmbH, vendor) shall apply to purchases via the vendor´s online shop. (2) For customers who are entrepreneurs, governmental entities, or special governmental estates within the meaning of sec. 14 BGB (German Civil Code) in derogation of these Terms the Terms and Conditions of Sale shall apply exclusively.
§ 2 Conclusion of Contract
(1) The offers on the internet site are non-binding, but an invitation to the customer to make a binding order himself. (2) Automatically sent emails that confirm the receiving of an order do not constitute the acceptance of the order. (3) Contracts are binding when expressly confirmed or with execution of the order by the vendor.
§ 3 Prices, Payment
(1) Displayed prices include VAT. If applicable additional shipping costs are displayed separately. (2) Shipping is free for orders from 50 € within Germany. Shipping to destinations outside of Germany may entail higher shipping costs. Shipping costs are automatically calculated in the shopping cart depending on total weight of the order and shipping address of the customer. (3) The eligible methods of payment are displayed on the internet site. These are currently the following: bank transfer, direct debit, purchase on account, Master Card, Visa, Amazon Payments and PayPal as well as PayPal installment. (4) All bank transfer fees for foreign orders will be paid by the customer.
§ 4 Delivery
(1) Goods are being delivered in about 3 5 workdays after receipt of payment on the vendor´s account (in case of payments via PayPal after receipt on the vendor´s PayPal account). (2) Delivery will be executed by a parcel service to the given address. (3) The vendor bears the shipping risk only if the customer is a consumer.
§ 5 Retention of Title
The vendor retains title to the goods until receipt of all payments in full.
§ 6 Liability
(1) The vendor is liable according to the statutory provisions, if the customer makes a claim for damages based on intent or gross negligence, including intent or gross negligence of the vendor´s representatives or agents. In case of a non-intentional breach of contract the liability for damages is limited to foreseeable, typically occurring damage. (2) The vendor is liable according to the legal provisions if he culpably infringes any essential contractual obligation; in this case the liability for damages is limited to foreseeable, typically occurring damage. (3) Insofar as the customer is entitled to a claim for the non-intentional infringement of obligations, liability is limited to foreseeable, typically occurring damage. (4) The liability for culpable injury to life, body or health remains unaffected; this also applies to mandatory liability under the Product Liability Act. (5) Unless stipulated otherwise above, liability is excluded.
§ 7 Privacy
(1) The vendor collects data of the customer as part of the processing of contracts. He observes in particular the regulations of the Federal Data Protection Act and the Telemedia Act, as well as the GDPR. Without the consent of the customer, the vendor will only collect, process or use the users inventory and usage data insofar as this is necessary for the execution of the contractual relationship. (2) For details of data protection, please refer to the privacy policy, which can be found at the following link: https://aerobis.com/about-us/privacy_policy/ (3) The customer may at any time in particular request information about his stored data as well as the correction, limitation, cancellation and blocking in accordance with the provisions of the GDPR.
§ 8 Applicable law
This contract shall be governed by the laws of the Federal Republic of Germany (excluding the Convention on Contracts for the International Sale of Goods). For customers, who are consumers, nevertheless mandatory consumer rights provisions of the country of origin or residence are applicable
B. Particular Conditions Amazon Shop
§ 1 Application
The following provisions apply additionally to purchases via the amazon shop of aerobis fitness GmbH.
§ 2 Conclusion of contract
(1) The offers on the amazon site are non-binding, but an invitation to the customer to make a binding order himself. (2) By Sending an order via the shopping cart and the 1-Click-Purchase-Option respectively the customer is placing a binding order. Automatically sent emails that confirm the receiving of an order do not constitute the acceptance of the order. (3) The customer may correct mistakenly added items in the order summary by deleting them. (4) One-Click-Orders can be cancelled within 30 minutes after transmission in the user account.
C. Consumer Information
§ 1 Company identity
aerobis fitness GmbH Dieselstr. 6 50859 Köln E-Mail office@aerobis.com Phone: 02234 9895290 Fax: 02234 6980533 Executive Director: Elmar Schumacher Register court Cologne Registration number HRB 81072 VAT identification number: DE815558224
§ 2 Contract language, storage of the contract
For international customers the language of the contract is English. Apart from these Terms and Conditions, after a purchase no documents with respect to the contract are being stored.
§ 3 Description of goods
A thorough description of the sales goods can be found on the vendors internet site.
§ 4 Technical Steps leading to contract
Purchases are made in the Websites Shop. In order to make a purchase, the customer needs to click the Add to cart button. He then is lead to the shopping cart. Here he can change and refresh items in his shopping cart. Next he is required to click the Proceed to Checkout button. After entering his contact information and choosing a payment method the purchase is finalized.
§ 5 Corrections
After clicking on the button Go to shopping cart the customer can make changes to his order by altering the amount of items, deleting items or using the back arrow of his browser.
§ 6 Warranty, Customer Service
Legal rights on warranty are stipulated in §§ 434 et seq. BGB. Customer Service can be contacted Mondays to Fridays between 09:00 a.m. and 17:00 p.m. CET E-Mail office@aerobis.com Phone: 02234 9895290 Fax: 02234 6980533
§ 7 Right to withdrawal
Instructions on withdrawal
§ 8 Delivery time
(1) Goods are delivered in 3 5 workdays after payment receipt. (2) The delivery takes place by parcel service to the address indicated by the buyer.
§ 9 Dispute resolution
(1) The EU platform for out-of-court online dispute resolution can be reached at the following Internet address: https://ec.europa.eu/consumers/odr/ (2) The seller is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
D. Terms and Conditions Business Customers
§ 1 Application
(1) These terms and conditions of sale of aerobis fitness GmbH, Dieselstr. 6, 50859 Köln (aerobis fitness GmbH, vendor) shall apply to purchases via the vendor´s online shop exclusively. Differing or contrary terms will not apply except if expressly agreed upon in writing. (2) These terms and conditions of sale shall apply only vis á vis entrepreneurs (§ 14 BGB German Civil Code), governmental entities, or special governmental estates within the meaning of sec. 310 para. 1 BGB. (3) These terms and conditions of sale shall also govern all future transactions between the parties and shall also apply if we perform delivery despite our knowledge of differing or contrary terms.
§ 2 Conclusion of Contract
(1) The offers on the vendor´s internet site and in his catalogue are non-binding, but an invitation to the customer to make a binding order himself. (2) Orders may be made orally, in written form, via Fax and Email. Contracts are binding when expressly confirmed by the vendor or with execution of the order.
§ 3 Prices, Payment
(1) Prices are ex works, exclusive of the respective statutory VAT and exclusive of costs for packaging, except as otherwise expressly agreed upon. (2) The purchase price is due and payable net within 20 days from the date of the invoice. From the due date default interest in the amount of 9 % above the respective base interest rate p. a. shall accrue. We reserve all rights to claim further damages for delay.
§ 4 Offset, Right to Retain
The customer shall be entitled to offset only insofar as the customer´s counterclaim is acknowledged, undisputed or assessed in a legally binding judgement.
§ 5 Delivery, Passing of Risk
(1) Delivery depends on timely performance of all duties of the customer. (2) If the purchaser demands shipment of the goods the risk of loss or damage to the goods passes to the customer upon dispatch. (3) In case of default in acceptance or other breach of duties to cooperate by the customer the vendor is entitled to claim any resulting damage including but not limited to additional expenses, if any. Further damages are reserved. In this case, the risk of loss or damage to the goods passes to the purchaser at the time of such default or breach of duty to cooperate.
§ 6 Retention of Title
(1) The vendor retains title to the goods until receipt of all payments in full. In case of breach of contract by the purchaser including, without limitation, default in payment, the vendor is entitled to take possession of the goods. (2) The purchaser shall handle the goods with due care, maintain suitable insurance for the goods and, to the extent necessary, service and maintain the goods. (3) As long as the purchase price has not been completely paid, the purchaser shall immediately inform the vendor in writing if the goods become subject to rights of third persons or other encumbrances. (4) The purchaser may resell goods subject to the above retention of title only in the course of his regular business. For this case, the purchaser hereby assigns all claims arising out of such resale, whether the goods have been processed or not, to us. Notwithstanding our right to claim direct payment the purchaser shall be entitled to receive the payment on the assigned claims. To this end, the vendor agrees to not demand payment on the assigned claims to the extent the purchaser complies with all his obligations for payment and does not become subject to an application for insolvency or similar proceedings or to any stay of payments. (5) Insofar as the above securities exceed the secured claim by more than 10 %, the vendor is obligated, upon his election, to release such securities upon the purchasers request.
§ 7 Warranty
(1) Precondition for any warranty claim of the purchaser is the purchasers full compliance with all requirements regarding inspection and objection established by sec. 377 HGB (German Commercial Code). (2) Warranty claims shall be time-barred after 12 months of the passage of risk. (3) In case of non-conformity of the goods the purchaser is entitled to alternative performance in the form of subsequent improvement or delivery of conforming goods. If such alternative performance has failed, the purchaser is entitled to reduce the purchase price or to withdraw from the contract.
§ 8 Liability
(1) The vendor is liable according to the statutory provisions, if the customer makes a claim for damages based on intent or gross negligence, including intent or gross negligence of the vendor´s representatives or agents. In case of a non-intentional breach of contract the liability for damages is limited to foreseeable, typically occurring damage. (2) The vendor is liable according to the legal provisions if he culpably infringes any essential contractual obligation; in this case the liability for damages is limited to foreseeable, typically occurring damage. (3) Insofar as the customer is entitled to a claim for the non-intentional infringement of obligations, liability is limited to foreseeable, typically occurring damage. (4) The liability for culpable injury to life, body or health remains unaffected; this also applies to mandatory liability under the Product Liability Act. (5) Unless stipulated otherwise above, liability is excluded.
§ 9 Applicable law, Jurisdiction
(1) This contract shall be governed by the laws of the Federal Republic of Germany (excluding the Convention on Contracts for the International Sale of Goods). For customers, who are consumers, nevertheless mandatory consumer rights provisions of the country of origin or residence are applicable. If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business or is a legal entity or special fund organized under public law, the courts in Germany shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. The competent court of jurisdiction in this case is the court at the vendors registered seat. In all other cases, the vendor or the customer may file suit before any court of competent jurisdiction under applicable law.
E. Particular Conditions warehouse sales
§ 1 Application
The following conditions apply to direct sellers ex warehouse of aerobis fitness GmbH. The conditions apply to private customers and entrepreneurs alike.
§ 2 Conclusion of contract
Contracts are made on site, verbally or by telephone pre-order.
§ 3 Payment and delivery
The purchase price is due after delivery of the goods on site for payment.
§ 4 Liability
For the rest, the liability applies to part D. § 8 accordingly.
F. Particular Conditions Services
§ 1 Application
The following provisions apply to purchases via the amazon shop of aerobis fitness GmbH. These provisions apply vis a vis consumers and entrepreneurs.
§ 2 Service description
The services comprise the installation of exercise equipment and instructions in how to use the specific equipment and in exercise methods.
§ 3 Liability
aerobis fitness GmbH stresses that customers are required to take care of the conditions that enable a secure installation of exercise equipment. Apart from that Part D. § 8 on liability applies.
F. Particular Conditions Waste Disposal
Disposal of electrical and electronic equipment
The crossed-out wheeled garbage can means that you are legally obliged to dispose of this equipment in a collection system separate from unsorted municipal waste. Disposal via the residual waste garbage can or the yellow garbage can is prohibited. If the products contain batteries or rechargeable batteries that are not permanently installed, these must be removed and disposed of separately as batteries before disposal.
Possibilities of returning old devices
Owners of old devices can hand them in within the scope of the possibilities of return or collection of old devices established and available by public waste management authorities, so that a proper disposal of the old devices is ensured. The following link provides the possibility to view an online directory of collection and return points: https://www.ear-system.de/ear-verzeichnis/sammel-und-ruecknahmestellen
data protection
We would like to point out to all end users of waste electrical and electronic equipment that you are responsible for deleting personal data on the waste equipment to be disposed of.
WEEE registration number
Under the registration number DE25537141, we are registered with the stiftung elektro-altgeräte register, Nordostpark 72, 90411 Nürnberg, as a manufacturer of electrical and/or electronic equipment.