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General terms and conditions with customer information


Table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Special conditions for assembly/installation services
  9. Redemption of action coupons
  10. Redemption of gift vouchers
  11. Applicable law
  12. Place of jurisdiction
  13. Code of Conduct
  14. Alternative dispute resolution

1) Scope of application
1.1 These General Terms and Conditions of Business (hereinafter referred to as "GTC") of the FTC - Functional Training Company GmbH (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") enters into with Seller with respect to the goods displayed by Seller in its online store. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these General Terms and Conditions shall apply accordingly, unless otherwise expressly agreed.
1.3 For contracts for the delivery of tickets, these GTC shall apply accordingly, unless expressly agreed otherwise. These GTCs only regulate the sale of tickets for certain events specified in more detail in the seller's article description and not the execution of these events. For the execution of the events, the legal provisions in the relationship between the customer and the organizer as well as any terms and conditions of the organizer deviating from these shall apply exclusively. If the seller is not also the organizer, he is not liable for the proper execution of the event, for which the respective organizer is exclusively responsible.
1.4 Consumer in the sense of these terms and conditions is every natural person who concludes a legal transaction for purposes which can be attributed predominantly neither to his commercial nor his independent professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online store do not represent binding offers on the part of the Seller, but serve to provide a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer to enter into a contract for the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by telephone, e-mail or online contact form.
2.3 The seller can accept the customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer has sent the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à 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 or - if the Customer does not have a PayPal account - subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal, which can be selected in the online order process, the seller declares the acceptance of the customer's offer at the moment the customer clicks on the button completing the order process.
2.5 If the payment method "Amazon Payments" is selected, payment shall be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method within the scope of the online order process, he shall also issue a payment order to Amazon by clicking the button concluding the order process. In this case, the seller hereby declares acceptance of the customer's offer at the point in time when the customer initiates the payment transaction by clicking the button concluding the order process.
2.6 When an offer is submitted via the seller's online order form, the text of the contract is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent off his order. The Seller will not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online store before sending his order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected user account by entering the relevant login data.
2.7 Before the binding submission of the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, which is used to enlarge the display on the screen. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.8 Only the German language is available for the conclusion of the contract.
2.9 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of revocation is contained in the Seller's revocation instructions.
3.3 According to § 312g para. 2 No. 9 BGB, unless otherwise agreed, a right of revocation does not apply to contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision of such services. Accordingly, a right of revocation is also excluded in the case of contracts which relate to the sale of tickets for scheduled leisure events.

4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The customer will be informed of the payment option/s in the seller's online store.
4.4 If the payment method "PayPal Credit" (payment by instalments via PayPal) is selected, the Seller assigns his payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal shall conduct a credit check using the customer data provided. The seller reserves the right to refuse the customer the payment method "PayPal Credit" in case of a negative check result. If the payment method "PayPal Credit" is allowed by PayPal, the customer has to pay the invoice amount to PayPal according to the conditions determined by the seller and communicated to him in the seller's online store. In this case he can only pay to PayPal with debt discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of revocation and shipments or credit notes.
4.5 If the payment method "IMMEDIATELY" is selected the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter referred to as "IMMEDIATELY"). In order to be able to pay the invoice amount via "IMMEDIATELY", the customer must have an online banking account that has been activated for participation in "IMMEDIATELY", must legitimize himself accordingly during the payment process and confirm the payment instruction to "IMMEDIATELY". The payment transaction will be executed immediately afterwards by "IMMEDIATELY" and the customer's bank account will be debited. Further information on the payment method "IMMEDIATELY" can be obtained by the customer on the Internet at https://www.klarna.com/sofort/.
4.6 If the payment method Direct Debit via Stripe is selected, the payment transaction will be processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). In this case Stripe will collect the invoice amount from the customer's bank account after a SEPA Direct Debit Mandate has been issued, but not before the expiry of the period for advance information on behalf of the seller. Pre-Notification" is any communication (e.g. invoice, policy, contract) to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees arising from the chargeback by the respective bank if he is responsible for this. The Seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method if the credit check is negative.
4.7 If the credit card payment method via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider 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 method of payment if the credit assessment is negative.
4.8 If a payment method offered via the payment service "Klarna" is selected, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). For further information and Klarna's terms and conditions, please refer to the Seller's payment information which is available at the following Internet address
https://.perform-better.de/INFORMATIONEN/Zahlarten/

5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address indicated by the customer. The delivery address specified in the Seller's order processing shall be decisive for the transaction. Notwithstanding this, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.
5.2 In the case of goods delivered by a forwarding agent, delivery shall be "free kerbside", i.e. up to the public kerbside nearest to the delivery address, unless otherwise stated in the shipping information in the Seller's online store and unless otherwise agreed.
5.3 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs of the return shipment if the Customer effectively exercises his right of revocation. For the costs of return shipment, if the customer effectively exercises his right of revocation, the provision made in the seller's revocation instruction applies.
5.4 Collection by the customer is not possible for logistical reasons.
5.5 Vouchers are provided to the Customer as follows:
by download
by e-mail
5.6 Tickets are provided to the customer as follows:
by download
by e-mail

6) Retention of title
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

8) Special conditions for assembly/installation services
If, according to the content of the contract, the Seller is responsible for the delivery of the goods as well as the assembly or installation of the goods at the Customer's premises and, if necessary, appropriate preparatory measures (e.g. measurement), the following shall apply:
8.1 The Seller shall provide its services either in its own person or by qualified personnel selected by the Seller, at its discretion. In doing so, the Seller may also make use of the services of third parties (subcontractors) acting on his behalf. Unless otherwise stated in the Seller's service description, the Customer has no right to select a specific person to perform the desired service.
8.2 The Customer shall provide the Seller with the complete and truthful information required for the performance of the service owed, provided that the procurement of such information does not fall within the scope of the Seller's duties according to the content of the contract.
8.3 The Seller shall contact the Customer after the conclusion of the contract in order to arrange a date for the service owed. The customer shall ensure that the seller or the personnel commissioned by the seller have access to the customer's facilities on the agreed date.
8.4 The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the customer until the installation work has been completed and handed over to the customer.

9) Redemption of promotion vouchers
9.1 Vouchers which are issued free of charge by the Seller within the scope of advertising campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter referred to as "campaign vouchers") can only be redeemed in the Seller's online store and only within the specified period.
9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.
9.4 Several promotion vouchers can not be redeemed in the same order.
9.5 The value of the goods must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the Seller.
9.6 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.
9.7 The credit balance of a promotion voucher will neither be paid out in cash nor will interest be paid.
9.8 The promotion voucher will not be refunded if the Customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.
9.9 The promotion voucher is transferable. The Seller can make payment with discharging effect to the respective owner who redeems the promotion voucher in the Seller's online store. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorization, incapacity or lack of authorization to represent the respective owner.

10) Redemption of gift vouchers
10.1 Vouchers that can be purchased through the Seller's online store (hereinafter referred to as "Gift Vouchers") can only be redeemed in the Seller's online store, unless otherwise stated in the Voucher.
10.2 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining credit balances will be credited to the customer until the expiration date.
10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.
10.4 Several gift certificates can be redeemed in one order.
10.5 Gift Certificates can only be used for the purchase of goods and not for the purchase of additional Gift Certificates.
10.6 If the value of the Gift Certificate is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
10.7 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.
10.8 The gift voucher is transferable. The Seller can make payments with discharging effect to the respective holder who redeems the gift certificate in the Seller's online store. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorization, incapacity or lack of authorization to represent the respective owner.

11) Applicable law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

12) Legal venue
If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the registered office of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the Seller shall in any case be entitled to call upon the court at the Customer's place of business.

13) Code of Conduct
- The salesman subjected himself to the Trusted Shops quality criteria, which are observable in the Internet under http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

14) Alternative dispute resolution
14.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the extrajudicial settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
14.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

 
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