General terms and conditions
1. provider, scope of application and definitions
These General Terms and Conditions (GTC) apply to all contracts concluded between
EuP Entwicklung und Produktion UG (haftungsbeschränkt)
Bölschestr. 72
12587 Berlin
represented by Marcin Majchrzak
Phone: +49 30 65 48 92 76
E-mail: info@entwicklung-produktion.de
Entry in the commercial register:
Register court: Berlin-Charlottenburg Local Court
Commercial register no. HRB 275409 B
Sales tax identification number according to § 27a UStG:
DE454651765
– hereinafter referred to as the “Provider” – and the customer via the Provider’s online store.
A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.
An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the legal transaction.
Insofar as a distinction is made in these GTC between consumers and entrepreneurs, the respective provisions shall apply exclusively to the relevant customer group.
Deviating general terms and conditions of the customer shall not become part of the contract unless the provider expressly agrees to their validity in text form.
2. subject matter of the contract
The object of the contract is the sale of new and used goods as well as the provision of services in the areas of fitness equipment, accessories, consulting services and additional services via the provider’s online store. The details of the respective offer can be found in the product or service description in the online store.
3. conclusion of contract
The offers presented in the online store do not constitute binding offers by the supplier, but a non-binding invitation to the customer to submit an offer.
The ordering process in the store system regularly comprises the following steps:
- Selection of the offer in the desired specification, if available,
- Adding the offer to the shopping cart,
- Call up the order process,
- Enter the billing and delivery address,
- Selection of the payment method,
- Review and, if necessary, correction of the order,
- Submit the order by clicking on the “Order with costs” button.
By sending the order, the customer submits a binding contract offer.
Receipt of the order will be confirmed to the customer immediately by e-mail. This automatically generated order confirmation does not constitute acceptance of the contract offer.
The contract is only concluded when the provider expressly accepts the customer’s offer by confirming the order or when the goods are dispatched or the service is provided.
The provider saves the contract text. The customer has no direct access to the stored contract text via the store system itself.
4. contract term for services with a term
Purchase contracts for goods are concluded for one-time fulfillment. If a purchased product or a booked service includes a term or recurring services, the term, notice period and type of termination are specified in the respective product description or in a separate contractual agreement.
5. prices and shipping costs
All prices quoted in the online store are total prices and include statutory VAT, unless expressly stated otherwise in individual cases.
Additional delivery and shipping costs are only incurred if these are shown in the respective offer. They will be displayed to the customer before the order is placed.
In the case of cross-border deliveries, additional taxes, duties or customs duties may be incurred in individual cases, which are not levied or invoiced by the supplier and are to be paid by the customer directly to the relevant competent authority.
6 Terms of payment, due date, default, offsetting and right of retention
The payment methods displayed in the online store are generally available to the customer. These can be in particular: advance bank transfer, invoice, direct debit, PayPal, cash on collection and credit card. The provider reserves the right not to offer individual payment methods in individual cases.
If payment in advance has been agreed, the invoice amount is due immediately after conclusion of the contract and receipt of the payment information.
If payment on account has been agreed, the invoice amount shall be paid within 3 calendar days of receipt of the invoice without deduction, unless a different payment period is specified in the invoice or in the offer.
In the case of payment by direct debit, collection shall be based on the direct debit authorization issued by the customer. In the case of payment via payment service providers, their contractual and usage conditions shall also apply. In the case of payment by credit card, the customer must be authorized to use the card; the charge shall be made in accordance with the payment service provider used in each case.
Consumers shall be in default of payment in accordance with the statutory provisions. This shall only apply to consumers at the latest 30 days after the due date and receipt of an invoice if this consequence has been specifically pointed out in the invoice.
Entrepreneurs shall be in default without further reminder at the latest upon expiry of the agreed payment period or the period specified in the invoice.
Offsetting against entrepreneurs is only permitted with undisputed or legally established claims. Entrepreneurs are only authorized to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.
7 Delivery, delivery time, non-availability and transfer of risk
Delivery shall be made to the delivery address specified by the customer, unless otherwise agreed.
Unless otherwise stated in the respective offer, the goods will be dispatched within an average of 3 working days after confirmed receipt of payment. Unless otherwise stated in the offer, the standard delivery time is approximately 5 working days from dispatch. Otherwise, the delivery times stated in the respective offer are decisive.
The supplier will ship the order from its own warehouse as soon as the entire order is in stock there. Partial deliveries shall remain permissible insofar as they are reasonable for the customer.
The customer shall be informed immediately of any delays in delivery.
If an ordered service is not available because the provider was not supplied by its supplier through no fault of its own, although a congruent hedging transaction was concluded in good time, or if there is another permanent obstacle to delivery, in particular force majeure, the provider shall be entitled to withdraw from the contract in whole or in part. Any payments already made shall be reimbursed immediately.
In relation to consumers, the risk of accidental loss and accidental deterioration of the goods shall only pass to the consumer when the goods are handed over to the consumer or a person authorized by the consumer to receive the goods.
If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon delivery to the transport company, the forwarding agent or any other person designated to carry out the shipment.
8. reservation of title
The delivered goods remain the property of the supplier until full payment has been made.
9 Defect rights, warranty and guarantees
For consumers, the statutory warranty rights apply to purchase contracts for goods. For work services, the statutory warranty rights of the law on contracts for work and services apply. For other services, the statutory provisions of the relevant type of contract apply.
The limitation period for claims for defects against entrepreneurs for new goods is one year from delivery of the goods. This does not affect statutory rights of recourse and claims for intent, gross negligence, injury to life, limb or health and for breach of material contractual obligations.
The warranty for used goods is excluded vis-à-vis entrepreneurs.
If the customer is a merchant and the purchase is a commercial transaction for both parties, § 377 HGB applies. The customer must inspect the goods immediately after delivery and immediately report any obvious defects or defects that are recognizable during a proper inspection. If no proper inspection or notification of defects is made, the goods shall be deemed to have been approved unless the defect was not recognizable during the inspection or was fraudulently concealed.
If the customer is an entrepreneur, the provider has the right to choose between repair and replacement in the case of subsequent performance.
For consumers, the statutory limitation period for warranty claims for used goods is not shortened by these GTC. A shortening shall only be considered if it is expressly and separately agreed in individual cases.
A guarantee only exists if it has been expressly and separately declared by the supplier in text form. Statements in product descriptions do not constitute an independent assumption of warranty unless they are expressly designated as a warranty.
10. right of withdrawal for consumers
Consumers have a statutory right of withdrawal for contracts concluded outside of business premises and for distance selling contracts. Entrepreneurs are not granted a voluntary right of withdrawal.
Cancellation policy
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period for purchase contracts for goods is fourteen days from the date,
- on which you or a third party named by you, who is not the carrier, have taken possession of the goods,
- in the case of a contract for several goods which you have ordered as part of a single order and which are delivered separately, on which you or a third party named by you, who is not the carrier, have taken possession of the last goods,
- in the case of a contract for the delivery of goods in several partial shipments or pieces on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece,
- in the case of a contract for the regular delivery of goods over a fixed period of time on which you or a third party named by you, who is not the carrier, have taken possession of the first goods.
If several alternatives coincide, the last point in time is decisive.
For service contracts, the withdrawal period is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must send us
EuP Entwicklung und Produktion UG (haftungsbeschränkt)
Bölschestr. 72
12587 Berlin
Phone: +49 30 65 48 92 76
E-mail: info@entwicklung-produktion.de
by means of a clear statement, for example by letter or e-mail, of your decision to withdraw from this contract. You can use the model withdrawal form below for this purpose; however, its use is not mandatory.
Sample withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it to us).
- To EuP Entwicklung und Produktion UG (haftungsbeschränkt), Bölschestr. 72, 12587 Berlin, e-mail: info@entwicklung-produktion.de
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date
(*) Delete as appropriate.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery, with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this refund.
In the case of contracts for the sale of goods, we may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract to
EuP Entwicklung und Produktion UG (haftungsbeschränkt)
Bölschestr. 72
12587 Berlin
to be returned or handed over. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the direct costs 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 to check their condition, properties and functionality.
In the case of service contracts, you must pay a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract, if you have expressly requested that the service should begin before the end of the withdrawal period.
The right of withdrawal expires in the case of a contract for services if the provider has provided the service in full and has only begun to provide the service after the consumer has given his express consent and at the same time confirmed his knowledge that he will lose his right of withdrawal upon complete fulfillment of the contract.
End of the cancellation policy
11 Customer service and complaints
You can reach our customer service at:
EuP Entwicklung und Produktion UG (haftungsbeschränkt)
Bölschestr. 72
12587 Berlin
Phone: +49 30 65 48 92 76
E-mail: info@entwicklung-produktion.de
Complaints and queries can be directed to the provider using the contact details above.
12. liability
The provider is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.
In the event of a slightly negligent breach of a material contractual obligation, the provider’s liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract and typical for the contract. Essential contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.
Otherwise, the liability of the provider for slightly negligent breaches of duty is excluded.
The above limitations of liability also apply in favor of the legal representatives, employees and vicarious agents of the provider.
Liability under mandatory statutory provisions, in particular under the Product Liability Act, shall remain unaffected.
13. assignment and pledging
Claims or rights against the supplier may only be assigned or pledged to entrepreneurs with the prior consent of the supplier, unless they are monetary claims from mutual commercial transactions. Statutory regulations, in particular § 354a HGB, remain unaffected.
14 Contract language, choice of law, place of jurisdiction and data protection
The language available for the conclusion of the contract is German.
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. This choice of law shall only apply to consumers insofar as it does not deprive them of the protection of mandatory provisions of the law of the country 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 place of jurisdiction for all disputes arising from the contractual relationship shall be the registered office of the provider. Mandatory statutory provisions, in particular for consumer protection, remain unaffected.
In connection with the initiation, conclusion and processing of contracts, the provider processes the customer’s personal data in accordance with the statutory data protection regulations. Details can be found in the provider’s privacy policy.
15. consumer dispute resolution
The provider is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
16. final provisions
Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
