Conditions

General terms and conditions and customer information 

I. General terms and conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all the contracts that you conclude with us as a supplier (Gym Generation GmbH) via the www.gymgenerationwear.com website. Unless otherwise agreed, the inclusion of your own terms and conditions is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) Subject of the contract is the sale of goods.

(2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all order data will then be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express / PayPal Plus, Amazon Payments, Postpay, Sofortüberweisung) as a payment method, you will either be taken to the order overview page in our online shop or you will first be directed to the website of the provider of the Immediate payment system forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. You will then be redirected back to our online shop on the order overview page.
Before submitting the order, you have the option here to check all the details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase.
By submitting the order using the "order with obligation to pay" button, you declare legally binding acceptance of the offer, whereby the contract is concluded.

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 right of retention, Retention of title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2)  The goods remain our property until the purchase price has been paid in full.

(3)  If you are an entrepreneur, the following also applies:

a)  We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.

b)  You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that you accrue from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c)  If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d)  We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§ 4 Warranty

(1) The statutory warranty rights apply.

(2) If you are an entrepreneur, the following applies, in deviation from paragraph 1:

a)  Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b)  You are obliged to examine the goods immediately and with the necessary care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods in writing (e.g. email); timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.

c)  In the event of defects, we provide a guarantee of repair or replacement at our option. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else arises, in particular from the nature of the item or the defect or other circumstances. In the event of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

d)  The warranty period is one year from date of delivery. The shortened warranty period does not apply to culpably caused damage attributable to us from injury to life, limb or health and grossly negligent or intentional damage or malice, as well as recourse claims according to §§ 478, 479 BGB.

§ 5 liability

(1) We are fully liable for damage resulting from injury to life, limb or health. Furthermore, we are liable without limitation in all cases of willful intent and gross negligence, in the case of fraudulent concealment of a defect, when assuming the guarantee for the quality of the purchased item and in all other cases regulated by law.

(2) Liability for defects within the framework of the statutory warranty is based on the corresponding regulation in our customer information (Part II) and General Terms and Conditions (Part I).

(3) Insofar as essential contractual obligations are affected, our liability in the case of slight negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which make the proper execution of the contract possible in the first place and compliance with which you can regularly rely.

(4)  If minor contractual obligations are breached, liability for slightly negligent breaches of duty is excluded.

(5)  According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the services offered there.

§ 6 Choice of law, place of performance, place of jurisdiction

(1)  German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).

(2)  The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

(3)  The provisions of the UN sales law expressly do not apply.


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II. Customer information

1. Identity of the seller

Gym Generation GmbH
Sommerbergstrasse 35
63925 Laudenbach
Germany
Phone: +49 (0) 9372 120 5054
E-mail: info@gymgeneration.de



Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr.

2. Information on the formation of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with Section 2 of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. Contract language is German.

3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance sales contracts and the general terms and conditions will be sent to you again by email.

4. Essential characteristics of the product or service

The essential characteristics of the goods and / or services can be found in the respective offer.

5. Prices and payment methods

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.4. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Terms of delivery

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.

6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise appointed to carry out the shipment.

If you are an entrepreneur, delivery and dispatch are at your own risk.

7. Statutory warranty rights

7.1. The liability for defects for our goods is based on the "Warranty" provision in our General Terms and Conditions (Part I).

7.2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.

These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, see: http://www.haendlerbund.de/agb-service.