TABLE OF CONTENTS
1 Contractor / validity
2 Offers, appointment and contract
5 Retention of Title and Special
9 Warranty – Limitation of liability
12 Choice of Law and Jurisdiction
Terms and Conditions (GTC) for the purchase in the web shop www.officegym.com
1 contractor / Application / registration as a user
1.1 Contractor is
Freedom Fitness LLC dba OfficeGym, 24591 Del Prado, Dana Point, CA 92629
1.2 Our terms and conditions (AGB) are part of the contract and apply to all, thus future transactions, deliveries and services with you. The Conditions of Sale are accepted by you in full in force at the time of the transaction version. Deviating from these conditions arrangements, including your any terms and conditions are hereby rejected.
The customer is a consumer, if the purpose of the goods and services ordered can not be attributed to his commercial or independent professional activity.
In contrast entrepreneur is any natural or legal person or unincorporated organization that trades in their commercial or independent professional activity at the conclusion of the contract
1.3 Your registration to our web shop is free. A claim for admission. For registration please fill out either an existing registration form and send it to us electronically, or send the request directly by email. The data required for the application must be submitted completely and truthfully. With the electronic application you choose a personal user name and password. The username must not infringe third party rights or against any other name or trademark or morality. You are required to keep your password secret. Apart from the statement of your agreement to these Terms and Conditions, your registry is not associated with any obligations. You can change the “My Account” or delete your listing at any time. You are solely responsible for updating your data.
2 offers, appointment and contract
2.1 All our offers are without engagement and non-binding. Your order constitutes a binding offer to us which we (but not by the automatic receipt of your order) assume dispatch your order or sending a separate declaration of acceptance by e-mail. Any products on the same order that can not be shipped to you or that are not listed in the declaration of acceptance, no contract of sale is concluded.
2.2 You can only order a full-year old with us. Upon our request, you send us a copy of your ID card.
2.3 Additional agreements are only valid if they are confirmed in writing.
2.4 Price changes, technical changes, errors, misprints or sales, we reserve expressly.
Unless otherwise noted, prices in USD are shown without discount and other rebates.
The invoice for the product will be appended as an attachment to the e-mail of the confirmation of the order.
4 Payment / Compensation / Retention / mortgage payments
4.1 The purchase price, including all costs is due upon conclusion of the contract, the payments are purely to provide net of discounts or other deductions, unless expressly another mode of payment agreed in writing.
4.2 If the due date of the payment determined by the calendar, so you are already in default by failure to observe the deadline.
4.3 Payment options:
by credit card
MasterCard and VISA. Simultaneously with the dispatch of the goods we will send the payment information to your credit card company.
PayPal is the online payment service that allows you to pay for your purchases quickly and easily. Find out more about opening an account with PayPal, at: www.paypal.com.
5 Retention of title
5.1. The delivered goods until full payment of the property of OfficeGym.
5.2 If the customer is an entrepreneur, further, the following rules apply: the customer is entitled to the goods in the ordinary course of business for sale. However, he assigns to us – to the extent permitted by law – all arising from the resale of receivables by way of security to the full extent from. Notice the customer is authorized to collect the claims assigned to us for our account in his own name. This authorization can only be revoked if the customer fails to meet its payment obligations. We are obliged to release the securities we are entitled to the extent that their value exceeds the claims to be secured, so far as these are not yet settled, by more than 20%. If third parties seize the goods, the Customer will inform the third party of our ownership and inform us immediately of the unauthorized access. Costs and damages of unauthorized access to the customer.
6.1 The customer is entitled to a 30-day full money back guarantee. Please contact customer service to request a return shipping label.
7.1 Unless otherwise agreed and the goods are in stock, the delivery from our warehouse to the delivery address you specify. Information about the delivery deadline is not binding, unless in exceptional cases the delivery date was promised.
7.2 Is the authority designated by you in order goods or part thereof temporarily unavailable, we will notify you immediately also in the order confirmation. The same applies to the extent that goods or a part of it no longer is available. If delivery is delayed by more than four weeks, the parties have the right to break away from the respective declarations of intent. Any payments already made will be refunded immediately.
7.3 If delivery to you for reasons that are in your sphere is not possible, you will bear the cost of the failed delivery.
7.4. To fulfill the contract is OfficeGym entitled to perform partial deliveries. The buyer assumes the risk, including freight delivery, from the date on which we or our representatives have a carrier or freight forwarder delivered or loaded onto vehicles for the purpose of transporting the goods to the consignee.
8 Withdrawal of the consumer
As a consumer, you can (eg letter, fax, email) or your contract within 14 days without giving reasons in writing – if the goods before the deadline – by returning the goods. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods ordered from you and also does not fulfill our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law and in accordance with § 312e Section 1 Clause 1 BGB in conjunction with Article 246 § 3 BGB.
Consequences of cancellation:
In case of an effective cancellation the mutually received benefits are to be refunded and, if necessary pulled uses (eg interest) surrendered. Can you give us the performance received whole or in part, or return them in a deteriorated condition, you will be obliged to pay compensation where appropriate. With the surrender of goods this does, however, not apply if the deterioration of the goods on the assessment of their property and functionality – it – as it would have been about you at our store. For a determination by the proper use of the goods for you must not have value.
Transportable items are to be returned at our risk. You have to bear the cost of returning the goods if the delivered goods ordered corresponds and if the price of the returned goods does not exceed an amount of 40 euros or if you are at a higher price the thing at the time of the revocation yet the return or a contractually have produced agreed partial payment. Otherwise the return is free for you. Not parcel things do you pick.
Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their reception.
A right does not apply to distance contracts
– for the delivery of goods that are produced according to customer specifications or clearly tailored to personal needs or which are not suitable due to their condition for a return or spoil quickly or whose expiration date has passed;
End of cancellation policy
Exercise your right to cancel, you have to bear the cost of returning the goods if the delivered goods ordered corresponds and if the price of the returned goods does not exceed an amount of 200 euros or if you are of at a higher price the thing at the time revocation have not yet paid the consideration or a contractually agreed partial payment. Otherwise the return is free for you.
9 Warranty – Limitation of liability
9.1 We shall be liable for damages in accordance with the statutory provisions, if the liability is not excluded or limited according to the following regulations. An assignment of such a claim is excluded.
9.2 Subject. any textile and printing products applies the following disclaimer:
Any slight color differences between pictures and the goods supplied are a technical nature and no shortage dar
no responsibility is assumed for defects in textile products.
9.3 Unless otherwise agreed, applies to defects, the legal warranty period of 24 months from delivery. For notices of defects merchants, the warranty on goods supplied by us is 12 months.
9.4 You are obliged to allow us to verify the defective goods. Are you a merchant and the assertion of lack of entitlement has not been ruled out, so we guarantee for defects after your first option by repair or replacement (supplementary performance).
If instead you are a consumer, you have the choice to make the warranty claim by subsequent performance (repair or replacement), cancellation of the contract or reduce the purchase price. Unless you choose supplementary performance, you have to first set a reasonable deadline, to the extent this is not dispensable for legal reasons. However, we are entitled to the nature of the chosen by you to refuse subsequent performance if this is not possible only with disproportionate costs or the replacement delivery for us.
9.5 No warranty obligation for damage caused by normal wear and handling. When returning faulty goods we rightly bear the risk and costs. The re-delivery of the goods is also carried out at our expense.
9.6 Claims for damages are excluded. Except for claims for damages arising from injury to life, body or health, or from the violation of essential contractual obligations and liability for other damages. Based on an intentional or grossly negligent breach of duty by us Material contractual obligations are those whose performance to achieve the objective of the contract is necessary. In case of breach of fundamental contractual obligations we are liable only to the contract-typical, foreseeable damage if it was caused by simple negligence, unless there are claims for damages resulting from injury to life, body or health. We are not liable for continuous and uninterrupted availability of our online shop. The above restrictions also apply to our legal representatives and vicarious agents, unless claims are made directly against them.
Liability under the product liability law remains unaffected.
9.7 No guarantee is made for the goods supplied by us only if this has been expressly stated in the order confirmation to the respective article.
10 Medical Liability
The information on the website of OfficeGYM, the services that are offered around the health, and all statements in health issues should not be construed as medical advice; it is the responsibility of the user, if necessary, to decide, after consultation with a doctor or physical therapist what products and services they can use.
11.1 In dealing with your personal information, we comply with all the provisions of the Data Protection Act and the Telemedia Act and are entitled to all the business relationship with the relevant data you provide to process in compliance with these laws and to save.
11.3 In addition, we are authorized by applicable law to obtain from trade and economic bureaus information about your creditworthiness.
If any of these Terms and Conditions in whole or in part, be or become invalid, the validity of the remaining provisions shall not be affected thereby. The ineffective provision shall be replaced by the contracting parties by a valid provision, which reflects the economic purpose of the ineffective regulation of the invalid provision. The above provision applies in case of loopholes.
13 Choice of Law / Jurisdiction
13.1 To the extent permitted by law, German law under exclusion of the UN Sales Convention (CISG). Mandatory provisions of the country in which you have your habitual residence, remain unaffected.
13.2 Unless you have no general jurisdiction in Germany or take up residence abroad after conclusion of the contract or your residence at the time the action is not known, the place of jurisdiction for disputes is the headquarters of our company in Baden Baden.