Terms & Conditions

1. General

1.1. The following contractual provisions (GTC) apply for all , via the online store of the company GYM AESTHETICS GmbH, Stuttgarter Str. 116, 70469 Stuttgart (hereafter SELLER) under the domain www.gymaesthetics.de, available contracts concluded with the Customer (hereinafter: CLIENT).

1.2. Different terms and conditions of the CLIENT are not recognized by the SELLER, unless the SELLER would have expressly agreed to this in writing.

2. Conclusion of contract

2.1. The CLIENT may by clicking the appropriate button insert the desired product to the cart and then by clicking the basket start the ordering process.

Within the ordering process, the Customer must enter the required contact information for the shipping and for the payment and complete the order by clicking the "PLACE ORDER" button.

2.2. Input errors, especially wrong items taken into the cart, the CLIENT can be corrected by use of quantity text box or use of the existing buttons.

In the ordering process, the CLIENT can correct input errors in the various steps by navigating to each step using the "forward" and "back" buttons of the browser correct.

2.3. The presentation of products in the online shop of the SELLER represents a non-binding invitation to the customer to order.

The customer gives by ordering the articles contained in the shopping cart, a binding offer to conclude a contract.

The SELLER gets immediately an automated confirmation e-mail about the placed order. With this automated order confirmation, the contract is concluded.

2.4 Pictures, specifications, weight, measurement and service specifications, technical data and drawings contained in the advertisements, catalogs, price lists, brochures, have a purely informational character.

With respect to the due performance the information contained in the product description of the Gym Aesthetics online stores alone are decisive.

2.5. The purchase contract is concluded with the company GYM AESTHETICS GmbH (limited liability), Stuttgarter Str. 116 , 70469Stuttgart, Germany.

2.6. The contract language is German.

3. Contract Text Storage

The contract will be stored by the SELLER. The order information is sent separately to the CLIENT in writing (e-mail).

The terms and conditions can be accessed and printed in the online store.

4. Cancellation Rights

CUSTOMERS who are consumers, according to the distance selling regulations is entitled to a right of withdrawal, which

the contract may be revoked in accordance with the following instruction:

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Cancellation Rights

Cancellation Rights:

 

You can cancel your contract within 14 days without giving reasons in writing ( eg letter, email) or - also by returning the goods - if you received the goods before the deadline expires.

The time limit begins after receiving this instruction in text form , however not before receiving the goods by the recipient ( in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfilling our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB (German Law) and our obligations according to § 312g Section 1 Clause 1 BGB in conjunction with Article 246 § 3 EGBGB.

For keeping the revocation period it is sufficient to send the revocation or thing in time.
 
The revocation must be sent to:

Gym Aesthetics GmbH, RXENZ

c / o 360ZEBRA Logistics
Philipp-Reis-Str. 15/A3
63128 Dietzenbach, Germany
 
Email: service@gymaesthetics.com
 
Consequences of cancellation:

In case of an effective withdrawal, the mutually received benefits are to be returned and any benefits ( eg interest ) surrendered. Can you not give us or only partly surrender the received services ( eg advantage of use ) or only in deteriorated condition, you must pay us compensation for the value.

For the deterioration and derived benefits, you must pay compensation only if the uses or the deterioration is due to a circumstance beyond the examination of the characteristics and functioning.

Testing the properties and functioning means to test and try out the goods , as it is possible and customary in a retail store.

You shall bear the costs of the return, if the goods actually delivered correspond to your order. Any obligation to refund payments already made shall be met within 30 days. The period begins for you when you send your cancellation or the goods, for us with their reception.

 
- End of cancellation rights-
 

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Note:

Goods should be returned in their original packaging with all accessories and packaging components .

Please use if a protective outer packaging if the original packaging is not available, to ensure adequate protection against any damage.

Damage and contamination of the returning items should be avoided.

We point out that the right of cancellation and its consequences are of course independent of the observance of this instruction , it is merely to facilitate the processing of returns.

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5. Cost Agreement in Case of Withdrawal

You shall bear the costs of the return, if the goods actually delivered correspond to your order.

In all other cases, you will not be charged for returning the goods. 

6. Prices and Shipping Costs

All prices within EU include VAT (to non-EU countries, VAT is excluded)  and exclude

6.1. to shipping costs.

6.2. For all orders / deliveries abroad, a shipping fee will be calculated according to the shipping rates table available on the online shop.

Shipping costs can be checked in the cart before sending oder.

6.3. In inpidual cases for deliveries abroad other taxes (eg in the case of an intra-Community acquisition) and / or charges may occur (eg customs duties), CUSTOMER has to pay.

6.4. The shipping costs will be displayed automatically in the shopping cart overview and additionally provided in the shipping table you can reach by "shipping" link in the online store.

7. Terms of Payment

7.1. The SELLER will only accept the payment methods offered during the checkout process in the online shop.

The CLIENT chooses his preferred method of payment from the offerd methods.

7.2. If cash on delivery is offered and done, the CUSTOMER shall make payment of the purchase price and all expenses incurred plus Shipping costs at the time of delivery in cash to the shipping transport company.

Cash on delivery fee is displayed at shiping cost table on the online store.

7.3. If delivery against payment by credit card is offered, BUYER granted to burden with announcing his credit card authorization, the full invoice amount, including applicable Delivery & Shippment costs

via the relevant credit card company. The charge of the credit card will be initiated with the order confirmation.

8. Shipping Conditions

8.1. The delivery of the goods, unless otherwise agreed with the CUSTOMER , will be send to the delivery address notified in the Order by the CLIENT.

8.2. The delivery of the purchased products by the CUSTOMER will be proceeded ??immediately upon receipt of payment ( credit on the business account of the SELLER ) , but not later than three business days after receipt of payment , unless related to the specific article a shorter or longer delivery period is explicitly referred to.

8.3. The risk of accidental loss and accidental deterioration of the goods is passedto a suitable transport person in case of deliveries to entrepreneurs with the transfer to himself or herself or a person authorized to receive. 

For deliveries to consumers , the risk of accidental loss and accidental deterioration of the goods in accordance with § 446 BGB (German Civil Code) is passed with the delivery of goods to the consumer.

With regard to the risk of loss , it is equal to the transfer if the CLIENT gets into the default of acceptance.

8.4. Orders and deliveries are only offered in and within Germany and coutries displayed in the shipping cost table on our online store .

8.5. The CLIENT will be informed immediately about delays in delivery by the SELLER.

8.6 If the goods are not available or only partially available within a reasonable time , then the SELLER will immediately inform the CLIENT . If the CLIENT already made ??a payment

and has the SELLER delays wirh his performance, the SELLER will immediately refund payments done by the CLIENT.

9. Retention of Title

The SELLER reserves the ownership of the goods sold until full payment of the Purchase price is done.

10. Warranty

10.1. The rights in case of defects of the goods shall be governed by the statutory provisions. No warranty

exists for damage due to improper use , installation or treatment of the purchased item, the same applies for wear.

10.2. Orders a CUSTOMER as a merchant , obvious defects should be shown to the SELLER within a period of

two weeks from the receipt of the goods, otherwise the assertion of warranty claims excluded . To meet the deadline, it's sufficient to send notice of effects on time.

11. Liability

11.1. The claims of the CUSTOMER for damages or reimbursement of expenses against the

SELLER are based outside of warranty law without consideration given to the nature of the claim

under these provisions .

11.2. The liability of the SELLER is - for whatever cause in law - are excluded , unless the

Damage is due to intent and / or gross negligence of SELLER , its employees ,

its representatives or its vicarious agents . If the liability of the SELLER is excluded

or limited, then also the personal liability of employees, representatives or vicarious

the SELLER is excluded. The liability of the SELLER under the product liability law remains untouched ( §

ProdHG 14 ) .

 

11.3. For damages resulting from injury to life, body or health , based on a deliberate ,

grossly negligent or negligent breach of duty of the SELLER or a legal

Representative or vicarious agents of the SELLER , the SELLER shall be liable according to the legal

Provisions .

11.4. If the SELLER at least negligently, an essential contractual obligation , ie an obligation whose observance

For the purpose of the contract is of particular importance ( essential contractual obligation

or cardinal obligation) , liability is limited to the typical damage , ie those

Damage to occur within the framework of the contract typically be expected.

An essential contractual or cardinal obligation in the above sense is one where

the proper implementation of this agreement is possible and on compliance and 

the CUSTOMER may regularly trust and confidence on this fulfillment.

12 Personalized Items

12.1. If the CLIENTorders a personalized item (eg, labels) and therefore the CLIENT sends images and / or text.

The CUSTOMER will refrain to use images and text , which content is contravene against public policy

and / or morality , especially those that discriminate other people

and / or insulting , and / or radical , racist or offensive.

12.2. In the case that the CLIENT sends its own motif or otherwise influences the SELLER's

product ( personalization of text ) the CLIENT assures to the SELLER that text

and design is free of rights held by third parties . The CLIENT is responsible for any copyright, personal rights or naming rights violations.

12.3.Furthermore the CLIENT assures that by personalizing the product no other rights of third parties are violated.

12.4.Der CUSTOMER indemnifies the SELLER against all losses , damages, liabilities , costs (including

reasonable legal costs ) , expenses or cash requirements , which the SELLER might suffer from due to CLIENT's violation of obligation under Clause 12.2.

The CLIENT compensates all defense costs and all other damage cause by CLIENT on first demand.

13. Data Storage and Protection

13.1. The CLIENT is aware of and agrees to the fact that the information necessary for completion of the order personal

Data are stored by the SELLER on data carriers. The CLIENT expressly agrees to the collection ,

Processing and use of personal data for the purpose of the contract.

The personal data will be stored confidentially by the SELLER

The collection, processing and use of personal data by the CUSTOMER is

compliant with the Federal Data Protection Act ( BDSG), of the Telemedia Act ( TMG).

13.2. The CLIENT has the right to revoke its consent at any time with effect for the future.

In this case The SELLER is committed for immediate deletion or blocking of personal data of the CLIENT

in accordance with the applicable data protection regulations. If order process is canceled during transactions the data will be deleted.

14. Online-Dispute Regulation

14.1. The European Commission provides a platform for online dispute resolution ( OS ). You will find this platform under following link : http://ec.europa.eu/consumers/odr/. Consumers can use this platform to resolve their disputes arising from online contracts.

15. Final Clause

15.1. The law of the Federal Republic of Germany under exclusion of the CISG (United Nations Convention on Contarts for the International Sale of Goods) 

15.2. For consumers who do not complete the contract for professional or commercial purposes , applies the above

Choice of law only insofar as the protection provided by mandatory provisions of

Law of the State in which the consumer has his habitual residence.

15.3. If the CUSTOMER is a merchant, legal entity under public law or public law special fund,

the sole place of jurisdiction for all disputes arising from this contract shall be the domicile of the

SELLER in 70469 Stuttgart, Germany.

15.4. The same applies if the CUSTOMER is an entrepreneur and has no general jurisdiction in Germany

or domicile or habitual residence is not known at the time of bringing an action. The power of

the SELLER , including to call the court in another legal jurisdiction remains unaffected.

 

 

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© IT-Recht-Kanzlei DURY – www.dury.de
© Website-Check GmbH – www.website-check.de



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