Terms and Conditions

General Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Special Conditions for the Processing of Goods According to Specific Customer Specifications
10. Applicable Law
11. Place of Jurisdiction
12. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Outgym GmbH (hereinafter “Seller”) apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded unless otherwise agreed.

1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to their trade or self-employed professional activity. For the purposes of these GTC, an entrepreneur is a natural or legal person or a legally recognized partnership that, when entering into a legal transaction, is acting in the course of its trade or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve as a basis for the Customer to make a binding offer.

2.2 The Customer may make the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to contract by clicking the button that completes the ordering process in respect of the goods contained in the shopping cart. The Customer may also make the offer to the Seller by telephone, fax, email, post, or via the online contact form.

2.3 The Seller may 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 email), whereby the receipt of the order confirmation by the Customer shall be decisive in this regard, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer shall be decisive in this regard, or
• by requesting payment from the Customer after receipt of the Customer’s order.

If several of the above alternatives are available, the contract shall come into existence at the time when the first of the above alternatives occurs. The period for accepting the offer shall begin on the day after the offer is sent by the Customer and shall expire at the end 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 their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment shall 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: “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 using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares that it accepts the Customer’s offer at the time the Customer clicks the button that completes the ordering process.

2.5 When an offer is submitted via the Seller’s online order form, the contract text shall be saved by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has sent their order. No further provision of the contract text by the Seller shall take place. If the Customer has set up a user account in the Seller’s online shop before sending their order, the order data shall be archived on the Seller’s website and may be accessed free of charge by the Customer via their password-protected user account by providing the relevant login details.

2.6 Before bindingly submitting the order via the Seller’s online order form, the Customer may detect possible input errors by carefully reading the information displayed on the screen. A useful technical means for better detecting input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer may correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The German and English languages are available for the conclusion of the contract.

2.8 Order processing and communication shall generally take place by email and through automated order processing. The Customer must ensure that the email address they provide for order processing is correct so that emails sent by the Seller to this address can be received. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to handle order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers shall generally have a right of withdrawal.

3.2 Further information on the right of withdrawal is set out in the Seller’s Right of Withdrawal Policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the stated prices are total prices including statutory value added tax. Any additional delivery and shipping costs shall be stated separately in the respective product description.

4.2 The payment method(s) shall be communicated to the Customer in the Seller’s online shop.

4.3 If payment in advance by bank transfer is agreed, payment shall be due immediately upon conclusion of the contract unless the parties have agreed on a later due date.

4.4 If the payment method “payment on account” is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method “payment on account” only up to a certain order volume and to reject this payment method if the stated order volume is exceeded. In this case, the Seller will inform the Customer of the corresponding payment restriction in their payment information in the online shop.

5) Delivery and Shipping Terms

5.1 Goods shall be delivered along the shipping route to the delivery address provided by the Customer unless otherwise agreed. When ordering via the Seller’s online order form, the delivery address provided in the online order form shall be decisive. Notwithstanding the foregoing, if the payment method PayPal is selected, the delivery address saved by the Customer in PayPal at the time of payment shall be decisive.

5.2 For goods delivered by a freight forwarder, delivery shall be “free at the curb,” i.e., to the public curb nearest the delivery address, unless otherwise stated in the shipping information in the Seller’s online shop or otherwise agreed.

5.3 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply to the costs of return shipment if the Customer validly exercises their right of withdrawal. In the event of a valid exercise of the right of withdrawal by the Customer, the provision made in the Seller’s Right of Withdrawal Policy shall apply to the return shipping costs.

5.4 If the Customer is acting as an entrepreneur, the risk of accidental loss or accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has handed over the goods to the freight forwarder, carrier, or other person or entity appointed to carry out the shipment. If the Customer is acting as a consumer, the risk of accidental loss or accidental deterioration of the sold goods shall generally only pass to the Customer upon delivery of the goods to the Customer or an authorized recipient. Notwithstanding the foregoing, even for consumers, the risk of accidental loss or accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has handed over the goods to the freight forwarder, carrier, or other person or entity appointed to carry out the shipment if the Customer has commissioned the freight forwarder, carrier, or other person or entity appointed to carry out the shipment to perform the delivery and the Seller has not previously identified this person or entity to the Customer.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply if the non-delivery is not attributable to the Seller and the Seller has exercised due diligence in concluding a specific cover transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the Customer shall be informed immediately and the consideration shall be refunded immediately.

5.6 Self-collection is not possible for logistical reasons.

6) Retention of Title

6.1 Towards consumers, the Seller shall retain title to the delivered goods until full payment of the purchase price due.

6.2 Towards entrepreneurs, the Seller shall retain title to the delivered goods until full payment of all claims arising from an ongoing business relationship.

6.3 If the Customer is acting as an entrepreneur, they are entitled to resell the goods retained under title in the ordinary course of business. The Customer hereby assigns to the Seller all claims arising therefrom against third parties in the amount of the respective invoice value (including value added tax). This assignment shall apply regardless of whether the goods retained under title have been resold without or after processing. The Customer shall remain authorized to collect the claims even after the assignment. The Seller’s authority to collect the claims itself shall remain unaffected. However, the Seller shall not collect the claims as long as the Customer complies with their payment obligations to the Seller, is not in default of payment, and no application has been filed for the opening of insolvency proceedings.

7) Liability for Defects (Warranty)

If the purchased item is defective, the provisions of statutory liability for defects shall apply. Notwithstanding the foregoing, the following shall apply:

7.1 If the Customer is acting as an entrepreneur,

• the Seller shall have the choice of the type of supplementary performance;
• for new goods, the limitation period for defects shall be one year from delivery of the goods;
• for used goods, rights and claims due to defects shall generally be excluded;
• the limitation period shall not restart if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortened limitation periods set out in the preceding paragraphs shall not apply

• to goods that have been used in accordance with their usual intended use for a structure and have caused its defectiveness,
• to the Customer’s claims for damages and compensation, or
• if the Seller has fraudulently concealed the defect.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse under Section 445b of the German Civil Code shall remain unaffected.

7.4 If the Customer is acting as a merchant within the meaning of Section 1 of the German Commercial Code, they are subject to the merchant’s duty to inspect and notify defects pursuant to Section 377 of the German Commercial Code. If the Customer fails to comply with the notification requirements set out therein, the goods shall be deemed accepted.

7.5 If the Customer is acting as a consumer, they are requested to report obvious transport damage to the delivery person upon delivery of the goods and to inform the Seller accordingly. If the Customer fails to do so, this shall have no effect on their statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, contract-like, and statutory claims for damages and compensation, including tortious claims, as follows:

8.1 The Seller shall be liable without limitation under any legal ground

• in cases of intent or gross negligence,
• in cases of intentional or negligent injury to life, body, or health,
• due to a guarantee, unless otherwise provided,
• due to mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to typical and foreseeable contractual damages unless unlimited liability applies pursuant to the preceding paragraph. Essential contractual obligations are those imposed on the Seller by the contract according to its content to achieve the purpose of the contract, the fulfillment of which is necessary for the proper performance of the contract to be possible at all, and whose compliance the Customer may regularly expect.

8.3 Otherwise, the Seller’s liability is excluded.

8.4 The above liability provisions also apply to the Seller’s liability for its vicarious agents and legal representatives.

9) Special Conditions for the Processing of Goods According to Specific Customer Specifications

9.1 If, in addition to the supply of goods, the Seller is contractually obliged to process the goods according to specific customer specifications (e.g., engraving), the Customer shall provide the Seller with all content required for the processing, such as text, images, or graphics, in the file formats, formatting, and image and file sizes specified by the Seller, and shall grant the Seller the necessary usage rights. The Customer is solely responsible for procuring this content and acquiring the rights thereto. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are infringed thereby, especially copyright, trademark, and personality rights.

9.2 The Seller shall be indemnified by the Customer against third-party claims that these third parties may assert against the Seller in connection with an infringement of their rights resulting from the Seller’s contract-compliant use of the Customer’s content. The Customer shall also bear the reasonable costs of the necessary legal defense, including all court and attorney fees in accordance with statutory rates. This shall not apply if the infringement of rights is not attributable to the Customer. The Customer is obliged to provide the Seller immediately, truthfully, and completely with all information required for the examination of the claims and the defense in the event that a third party makes a claim.

9.3 The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates statutory or regulatory prohibitions or public decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering, and/or violence-glorifying content.

10) Applicable Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of goods. For consumers, this choice of law shall apply only insofar as the protection afforded by the mandatory provisions of the law of the state in which the consumer has their habitual residence is not deprived.

11) Place of Jurisdiction

If the Customer is acting as a merchant, a public-law legal entity, or a 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 Seller’s registered office. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s registered office 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 Customer’s professional or trade activity. However, in the above cases, the Seller shall at all times be entitled to bring proceedings before the court at the Customer’s registered office.

12) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.