{"id":12807,"date":"2021-02-23T16:20:56","date_gmt":"2021-02-23T15:20:56","guid":{"rendered":"https:\/\/www.era-fit.com\/imprint\/agb\/"},"modified":"2022-10-24T13:45:55","modified_gmt":"2022-10-24T11:45:55","slug":"terms","status":"publish","type":"page","link":"https:\/\/www.era-fit.com\/en\/imprint\/terms\/","title":{"rendered":"General terms and conditions"},"content":{"rendered":"

General Terms and Conditions<\/h1>\n

Table of Contents<\/h2>\n
    \n
  1. Scope of Application<\/li>\n
  2. Conclusion of the Contract<\/li>\n
  3. Right to Cancel<\/li>\n
  4. Prices and Payment Conditions<\/li>\n
  5. Shipment and Delivery Conditions<\/li>\n
  6. Granting Rights of Use for Digital Content<\/li>\n
  7. Reservation of Proprietary Rights<\/li>\n
  8. Warranty<\/li>\n
  9. Redemption of Campaign Vouchers<\/li>\n
  10. Redemption of Gift Vouchers<\/li>\n
  11. Applicable Law<\/li>\n
  12. Place of Jurisdiction<\/li>\n
  13. Code of conduct<\/li>\n
  14. Alternative dispute resolution<\/li>\n<\/ol>\n

    1) Scope of Application<\/h2>\n

    1.1<\/b>\u00a0These General Terms and Conditions (hereinafter referred to as “GTC”) of the company ERA-FIT GmbH (hereinafter referred to as “Seller\u201d) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client\u201d) and the Seller relating to all goods and\/or services presented in the Seller’s online shop. The inclusion of the Client\u2019s own conditions is herewith objected to, unless other terms have been stipulated.<\/p>\n

    1.2<\/b>\u00a0These GTC apply accordingly to the supply of digital content, unless expressly agreed otherwise. Digital content within the meaning of these GTC is data that is created and provided in digital form.<\/p>\n

    1.3<\/b>\u00a0Regarding the purchase of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.<\/p>\n

    1.4<\/b>\u00a0For contracts regarding the delivery of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.<\/p>\n

    1.5<\/b>\u00a0A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.<\/p>\n

    1.6<\/b>\u00a0A trader pursuant to these GTC 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.<\/p>\n

    2) Conclusion of the Contract<\/h2>\n

    2.1<\/b>\u00a0The product descriptions in the Seller\u2019s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.<\/p>\n

    2.2<\/b>\u00a0The Client may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and\/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and\/or services contained in the shopping cart.<\/p>\n

    2.3<\/b>\u00a0The Seller may accept the Client\u2019s offer within five days,
    \n– by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
    \n– by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
    \n– by requesting the Client to pay after he placed his order.<\/p>\n

    Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client\u2019s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.<\/p>\n

    2.4<\/b>\u00a0If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.\u00e0 r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at https:\/\/www.paypal.com\/de\/webapps\/mpp\/ua\/useragreement-full?locale.x=en_DE<\/a> or, if the Client does not have a PayPal account, subject to the Terms for payments without a PayPal account, available at https:\/\/www.paypal.com\/uk\/webapps\/mpp\/ua\/privacywax-full<\/a>. If the Client pays by means of a method of payment offered by PayPal which can be selected in the online order process, the Seller hereby declares the acceptance of the Client’s offer at the time when the Client clicks on the button concluding the order process.<\/p>\n

    2.5<\/b>\u00a0If the Client chooses the payment method \u201cAmazon Payments\u201d, payments are processed by the payment service provider Amazon Payments Europe S.C.A., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as \u201eAmazon\u201c).<\/p>\n

    If the Client chooses \u201cAmazon Payments\u201d as payment method during the online ordering process, he, at the same time, makes a payment order to Amazon when initiating the payment transaction by clicking the button finalizing the ordering process. In this case, the Seller declares his acceptance of the Client\u2019s offer at the time when the Client initiates the payment transaction by clicking the button finalizing the ordering process.<\/p>\n

    2.6<\/b>\u00a0When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller’s online shop prior to sending his order, the order data shall be stored on the Seller’s website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.<\/p>\n

    2.7<\/b>\u00a0Prior to submitting a binding order via the Seller\u2019s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
    \nThe Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.<\/p>\n

    2.8<\/b>\u00a0The German language is exclusively available for the conclusion of the contract.<\/p>\n

    2.9<\/b>\u00a0Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client\u2019s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.<\/p>\n

    3) Right to Cancel<\/h2>\n

    3.1<\/b>\u00a0Consumers are entitled to the right to cancel.<\/p>\n

    3.2<\/b>\u00a0Detailed information about the right to cancel are provided in the Seller\u2019s instruction on cancellation.<\/p>\n

    3.3<\/b>\u00a0The right to cancel does not apply to consumers, who are no nationals of a member state of the European Union at the time of concluding the contract und whose exclusive domicile and delivery address were located outside of the European Union at the time of concluding the contract.<\/p>\n

    4) Prices and Payment Conditions<\/h2>\n

    4.1<\/b>\u00a0Unless otherwise stated in the Seller\u2019s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description<\/p>\n

    4.2<\/b>\u00a0Payment can be made using one of the methods mentioned in the Seller\u2019s online shop.<\/p>\n

    4.3<\/b>\u00a0In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.<\/p>\n

    4.4<\/b>\u00a0If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date<\/p>\n

    4.5<\/b>\u00a0Credit card payment via Stripe
    \nWhen selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). Stripe reserves the right to carry out a credit assessment and to refuse this payment method if the credit check is negative.<\/p>\n

    4.6<\/b>\u00a0If the payment method “immediate bank transfer” is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienh\u00f6he 12,80339 Munich (hereinafter referred to as “SOFORT”). If he wants to be able to pay the invoice amount via \u201cimmediate bank transfer,\u201d the Client must have an online banking account that is activated for participation in \u201cimmediate bank transfer\u201d. Furthermore he must have the appropriate credentials during the payment process, and must confirm the payment instruction to SOFORT. The payment transaction will be executed immediately afterwards and the Client\u2019s bank account debited accordingly. Further information on the payment method \u201cimmediate bank transfer\u201d can be called up by the Client at https:\/\/www.klarna.com\/sofort\/<\/a>.<\/p>\n

    5) Shipment and Delivery Conditions<\/h2>\n

    5.1<\/b>\u00a0If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the Client with PayPal at the time of payment shall be decisive.<\/p>\n

    5.2<\/b>\u00a0Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.<\/p>\n

    5.3<\/b>\u00a0Personal collection is not possible for logistical reasons.<\/p>\n

    5.4<\/b>\u00a0Digital content will be provided to the Client exclusively in electronic form as follows:<\/p>\n