1.1These General Terms and Conditions (hereinafter "GTC") of Outgym GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and 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.
1.2These General Terms and Conditions shall apply accordingly to contracts for the delivery of goods presented in the Seller's print catalogue, unless expressly agreed otherwise.
1.3A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
2.1The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the order process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, email, post, or via the online contact form.
2.3When ordering goods presented in the Seller's printed catalog, the Customer may submit their offer to the Seller by telephone, fax, email, or mail. To do so, the Customer may complete the order form enclosed with the Seller's printed catalog and return it to the Seller.
2.4The seller can accept the customer’s offer within five days,
If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch 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.
2.5If you select a payment method offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 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 and conditions 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 acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
2.6If the payment method "Amazon Payments" is selected, payment processing will be carried out via the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "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 during the online ordering process, they simultaneously issue a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that completes the ordering process.
2.7When submitting an offer via the seller's online order form, the contract text will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g., by email, fax, or letter) after the order has been sent. The seller will not make the contract text available beyond this time. If the customer has created a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the corresponding login data.
2.8Before submitting a binding 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 detection of input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.
2.9Only the German language is available for the conclusion of the contract.
2.10Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3.1Consumers generally have a right of withdrawal.
3.2Further information on the right of withdrawal can be found in the seller’s cancellation policy.
4.1Unless otherwise stated in the seller's product description, the prices quoted are total prices including statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2The payment option(s) will be communicated to the customer in the seller’s online shop.
4.3If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4If you choose to pay by invoice, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable without deduction within 7 (seven) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to only offer the payment method by invoice up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any corresponding payment restrictions in the payment information in the online shop.
5.1Goods will be delivered 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 is decisive. Exception: If PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment is decisive.
5.2For goods delivered by freight forwarding, delivery is made “free curbside”, i.e. up to the public curb closest to the delivery address, unless otherwise stated in the shipping information in the seller’s online shop and unless otherwise agreed.
5.3If 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 does not apply to the shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy apply to the return shipping costs.
5.4If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer in the case of consumers as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment, if the customer has commissioned the freight forwarder, carrier or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.5The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies if the non-delivery is not the seller's responsibility and the seller has entered into a specific hedging transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.6The customer must inspect the shipped goods for completeness and damage within 8 days and report any damage immediately. Otherwise, the right to compensation expires. Obvious damage caused during shipping must be recorded directly with the shipping company upon receipt of the goods.
5.7Self-collection is not possible for logistical reasons.
6.1The seller reserves ownership of the delivered goods until the purchase price owed has been paid in full.
6.2The seller reserves ownership of the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
6.3If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties to the seller in advance, in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims itself remains unaffected. However, the seller will not collect the claims as long as the customer fulfills its payment obligations to the seller, does not default on payment, and no application for the opening of insolvency proceedings has been filed.
If the purchased item is defective, the statutory liability for defects applies. The following applies:
7.1If the customer acts as an entrepreneur,
7.2If the customer is a consumer, the following applies to used goods, subject to the following restriction: Claims for defects are excluded if the defect only becomes apparent after one year from delivery of the goods. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period.
7.3The limitations of liability and shortening of deadlines set out in the preceding paragraphs do not apply
7.4Furthermore, for entrepreneurs, the statutory limitation periods for recourse claims pursuant to Section 445b of the German Civil Code (BGB) remain unaffected.
7.5If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he or she is subject to the commercial duty of inspection and notification of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been approved.
7.6If the customer is a consumer, they are asked to report any goods delivered with obvious transport damage to the delivery company and to inform the seller of this. Failure to do so will have no effect on their statutory or contractual claims for defects.
The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
8.1The seller is liable without limitation for any legal reason
8.2If the seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damages, unless unlimited liability applies according to the above clause. Material contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance the customer can regularly rely.
8.3Otherwise, the seller’s liability is excluded.
8.4The above liability provisions also apply with regard to the seller’s liability for his vicarious agents and legal representatives.
9.1If, according to the content of the contract, the seller is obliged not only to deliver the goods but also to process the goods according to specific customer specifications, the customer must provide the seller with all content required for processing, such as text, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the seller, and grant the seller the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for ensuring that they have the right to use the content provided to the seller. They are responsible, in particular, for ensuring that no third-party rights are violated, in particular copyrights, trademark rights, and personal rights.
9.2The customer indemnifies the seller against any third-party claims that they may assert against the seller in connection with a violation of their rights through the seller's contractual use of the customer's content. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the violation. In the event of a claim by third parties, the customer is obligated to promptly, truthfully, and completely provide the seller with all information necessary for the examination of the claims and for a defense.
9.3The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or regulatory prohibitions or is morally unconstitutional. This applies in particular to content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.
If, according to the content of the contract, the seller is obliged to assemble or install the goods at the customer's premises in addition to delivering the goods, as well as to carry out any necessary preparatory measures (e.g. taking measurements), the following shall apply:
10.1The Seller shall provide its services, at its discretion, either personally or through qualified personnel selected by it. The Seller may also engage the services of third parties (subcontractors) who work on its 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.
10.2The customer must provide the seller with the information required to provide the service owed in a complete and truthful manner, unless the procurement of such information falls within the seller's scope of obligations under the terms of the contract.
10.3After the contract has been concluded, the seller will contact the customer to arrange a date for the performance of the agreed service. The customer shall ensure that the seller or the personnel commissioned by the seller have access to the customer's facilities at the agreed time.
10.4The risk of accidental loss and accidental deterioration of the goods sold shall only pass to the customer upon completion of the assembly work and handover to the customer.
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in 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 is based outside 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 commercial activity. In the above cases, however, the seller is entitled in any case to bring the dispute before the court at the customer's registered office.
13.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
13.2The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.