(The following terms and conditions also contain legal information about your rights according to the regulations on contracts in distance selling and electronic business transactions).
GENERAL TERMS AND CONDITIONS OF PALA HEALTH GMBH FOR THE ONLINE STORE EVERJUMP.FIT
1 Validity, definitions of terms
(1) Pala Health GmbH, Friedrichstraße 114, 10117 Berlin (hereinafter referred to as "we" or "Everjump") operates an online store for products related to rope trackers and accessories under the website http://www.everjump.fit. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed.
(2) "Consumer" in the sense of these terms and conditions of business is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to his commercial or self-employed professional activity.
2 Conclusion of the contracts, storage of the contract text
1) The following regulations on the conclusion of contracts apply to orders placed via our online store at http://www.everjump.fit/
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our internet store the following regulations apply: The consumer makes a binding offer to enter into a contract by successfully completing the ordering procedure provided in our Internet store.
(4) The order is placed in the following steps:
Selection of the desired goods,
Click the button "Add to cart",
Input of customer data (invoice details and delivery address), selection of payment method, checking the information in the shopping cart,
Click on the button "Order subject to payment" (this represents your legally binding contract declaration),
The contract for the purchase of the selected goods is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.
(5) In the event of the conclusion of the contract, the contract is concluded with
Pala Health GmbH, Friedrichstraße 114, 10117 Berlin, represented by the managing directors Julian Fuchs and Moritz Lienert.
(6) Prior to the order, the contract data can be printed out or electronically saved using the print function of the browser. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the General Terms and Conditions and the revocation instruction, is carried out by e-mail after you have placed the order, partly automatically. We do not save the text of the contract after the conclusion of the contract.
(7) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser's "back button"). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
3 Subject of the contract and essential characteristics of the goods
(1) The subject of the contract in our online store is the purchase of products related to skipping
(2) The essential characteristics of the goods are found in the respective article description.
4 Prices, Shipping Costs, Delivery and Reservation of Title
1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes. For deliveries to Switzerland, not all price components are included, but the customer shall bear any applicable taxes and import duties directly to the competent customs authorities.
(2) The respective purchase price is due upon conclusion of the contract and is generally payable before delivery of the product. As a rule, we offer different payment methods for each order. The payment methods available are Amazon Payments, Paypal, Sofort-Überweisung, credit card (Visa, Mastercard, American Express). You can select the available payment methods in the order process.
(3) Retention of title; offsetting; right of retention
(3.1) In the case of consumers, we reserve the right of ownership of the purchased goods until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve the title to the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
(3.2) You shall only be entitled to a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you shall only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
(3.3) If the customer is in arrears with any payment obligations towards us, all existing claims shall become due immediately.
5 Subscriptions / App
1) Automatically Renewing Subscriptions. Your Subscription term may vary, for example, with monthly or annual automatic renewal terms (a “Subscription Term”), as described in the course of your transaction. Your Subscription will automatically renew for additional Subscription Terms as long as your Subscription continues, until you cancel it or we suspend or stop providing the Subscription in accordance with our Terms of Service. Unless otherwise indicated by us, you will be charged prior to, or at the beginning of, each renewal term. Before charging you for a Subscription Term, we will notify you of the applicable fees, and the renewal will occur at the price then in effect for the Paid Service.
(2) You may cancel your Subscription at any time. Your cancellation will take effect at the end of the current Subscription Term. In the event you cancel your Subscription, note that we may still send you promotional communications about Everjump, unless you opt out of receiving those communications by following the unsubscribe instructions provided in the communications. No Refunds on Subscriptions. When you cancel a Subscription, you cancel only future charges for your Subscription. You will not receive a refund for the current Subscription Term you paid for, but you will continue to have full access to that Subscription until the end of that current Subscription Term. At any time for any reason, we may provide a refund, discount, or other consideration (“credits”) to some or all of our users. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future.
(3) We reserve the right to adjust pricing for our Paid Services or any components thereof in any manner and at any time. Any price changes will take effect following notice to you.
6 Data protection
(1) We collect, store and use the customer's personal data (e.g. name and address) for the purpose of executing the respective contract.
(2) Your data will be passed on to the shipping company commissioned with the delivery, as far as this is necessary to deliver the products. For the processing of payments, we will pass on your payment data, if necessary, to the credit institution commissioned with the payment or to the payment service provider selected in the ordering process.
(3) The responsible body in terms of the BDSG is Pala Health GmbH, Friedrichstraße 114, 10117 Berlin, represented by the data protection officer.
(4) Your personal data will be transmitted via the Internet in the ordering process in encrypted form using SSL. Credit card data is not stored.
(5) You have the right to receive information free of charge about your personal data stored by us and, if applicable, the right to correct, block or delete this data. You can also object to the use of your personal data with effect for the future. To do so, simply send an e-mail to email@example.com.
7 Right of withdrawal for consumers
Consumers have the following right of withdrawal:
(1) revocation instruction
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day of revocation,
- at which you or a third party designated by you, other than the carrier, have taken possession of the goods, provided that you have ordered one or more goods under a single order and that the goods are delivered under a single delivery, or;
- where you or a third party designated by you, other than the carrier, have taken possession of the last goods, provided that you have ordered several goods under a single order and that these are delivered separately, or;
- at which you or a third party designated by you, who is not the carrier, have taken possession of the last partial consignment or the last piece, if you have ordered goods which are delivered in several partial consignments or pieces.
In order to exercise your right of revocation, you must inform us (Pala Health GmbH, Friedrichstraße 123, 10117 Berlin, E-Mail: firstname.lastname@example.org) by means of a clear declaration (e-mail) of your decision to revoke this contract. You can use the attached sample revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
(1) If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods or handed them over to a partner designated by us, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period or hand them over to a partner named by us.
You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
(2) Sample revocation form
Sample revocation form
(If you want to cancel the contract, please fill out this form and send it back).
- To: Pala Health GmbH, Friedrichstraße 114, 10117 Berlin, e-mail: email@example.com
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of communication on paper)
(*) Delete as applicable.
(4) We shall bear the costs of return or collection.
(5) If you exercise your voluntary right of return, the refund will be made to the account to be named by you.
(6) Your statutory right of revocation shall not be affected by compliance with our rules on the supplementary contractually granted (voluntary) right of return and shall remain in effect independently thereof. Until the expiry of the period for the statutory right of revocation, only the statutory conditions listed in the revocation instruction apply. Furthermore, the contractually granted (voluntary) right of return does not limit your statutory warranty rights, which you retain without restriction.
(3) Voluntary right of revocation
You have the right to cancel this contract within 30 days without giving reasons.
The voluntary right of withdrawal begins after the legal right of withdrawal (of 14 days) and runs for 16 additional days. This gives you a total of 30 days right of withdrawal (14 days statutory, 16 days voluntary).
If you revoke this contract within the framework of the right of revocation, we will return all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within thirty days from the day on which the product was demonstrably returned to you. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
Your statutory right of withdrawal is not affected by compliance with our rules on the right of withdrawal and remains in force independently of this. Until the expiry of the period for the statutory right of revocation, only the statutory conditions listed there shall apply. Furthermore, the right of revocation does not limit your statutory warranty rights, which are retained by you without restriction.
(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tort is limited to intent or gross negligence.
(2) We shall have unlimited liability for slight negligence in the event of injury to life, body or health or in the event of a breach of a material contractual obligation. If we are in default of performance as a result of slight negligence, if performance has become impossible or if we have breached a material contractual obligation, the liability for material and financial losses attributable to this shall be limited to the foreseeable losses typical of the contract. This includes in particular our obligation to take action and to fulfil the contractually owed performance, which is described in § 3.
(3) Claims under the Product Liability Act shall remain unaffected in any case.
9 Contract language
The contract language is exclusively German or English.
10 Warranty/Customer Service
(1) The warranty is based on the statutory provisions.
(2) Our customer service for questions, complaints and objections is available to you from Mon-Fri in the time from 09:00 to 15:00 by contacting firstname.lastname@example.org.
10 Choice of law, place of performance, place of jurisdiction
(1) The non-uniform German law shall apply. 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 of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relations existing with us as well as the place of jurisdiction shall be our registered office if the customer is a merchant, a legal entity under public law or a special fund under public law (and not a consumer) or if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
12 Settlement of disputes
(1) The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be accessed via this external https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
(2) We are not obliged to participate in conciliation proceedings and unfortunately cannot offer to participate in such proceedings.
13 Availability; procurement risk; cancellation of the obligation to deliver; extension of delivery times; transfer of risk; delay; delivery area
(1) Many of the offered goods are held by us directly in stock, whereby the respective stock quantity is limited due to the variety of types only to quantities customary for consumers. If you as a company would like to place larger orders, please check availability in advance.
(2) A procurement risk is not assumed by us, not even in the case of a purchase contract for a generic product. We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
(3) The obligation of Pala Health GmbH to deliver shall not apply if Pala Health GmbH itself is not supplied correctly and in time despite proper congruent hedging transactions and is not responsible for the lack of availability, you have been informed of this immediately and no procurement risk has been assumed. If the goods are not available, any advance payment will be refunded immediately.
(4) The delivery time is extended appropriately in the case of circumstances affecting the delivery due to force majeure. Force majeure includes strikes, lock-outs, official interventions, shortages of energy and raw materials, transport bottlenecks through no fault of our own, operational hindrances through no fault of our own, for example due to fire, water and machine damage, and all other hindrances which, from an objective point of view, were not caused by us. The beginning and end of such hindrances will be communicated to you immediately. If the impediment to performance in the aforementioned cases lasts for a period of more than 4 weeks after the originally applicable delivery times, you are entitled to withdraw from the contract. There are no further claims, in particular for damages.
(5) In the case of consumers, the risk of accidental loss and accidental deterioration of the sold goods in the case of mail order purchases shall pass to the consumer or a recipient designated by the consumer upon delivery of the goods. This applies regardless of whether the shipment is insured or not. It is equal to the handover if the buyer is in default of acceptance. Otherwise, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon delivery, in the case of mail order purchases upon delivery of the goods to the forwarding agent or other person or institution designated to carry out the shipment.
(6) If the Customer is in default of acceptance, Pala Health GmbH reserves the right to sell the goods to a third party or to hold the original Customer liable for any loss.
(7) If the Customer is in default with a payment obligation, all claims of Pala Health GmbH existing against this Customer shall become due.
(8) Delivery shall take place within the Federal Republic of Germany.
Vouchers are vouchers that we issue as part of advertising campaigns with a certain period of validity. Vouchers cannot be purchased. Vouchers are only valid for everjump.fit and only in the specified period. We are allowed to exclude single articles from the voucher campaign. Vouchers can only be redeemed once per order. A refund of possible remaining credit is not possible for administrative reasons. You can only redeem a voucher before the end of an order process. A subsequent settlement is generally not possible. We do not pay out the credit balance of a voucher in cash, nor is it subject to interest. If the credit balance of a voucher is not sufficient for the order, the difference must be balanced with the offered payment options. The voucher will not be refunded if goods are returned in whole or in part if the voucher was issued as part of a promotional campaign and no consideration was given for it. You are not authorized to transfer vouchers to third parties. You are not entitled to combine several vouchers.