Terms and Conditions

GENERAL TERMS AND CONDITIONS OF BUSINESS

Profi-Fitness-Shop.de
Falderbaumstraße 34
34123 Kassel
Germany

1. Scope of application; Customer's terms and conditions

1.1

For customers who are entrepreneurs (hereinafter referred to as "business customers"), i.e., natural or legal persons or partnerships with legal capacity, for whom the legal transaction is part of the operation of their business, whereby businesses are all permanently established organizations engaged in independent economic activity, even if they are not profit-oriented, the following General Terms and Conditions apply not only to the present legal transaction but also to all future legal transactions, even if, in individual cases, in particular with regard to future supplementary or follow-up orders, our General Terms and Conditions are not expressly referenced. For business customers, the version of our General Terms and Conditions valid at the time of conclusion of the contract, which can be accessed on our website (www.profi-fitness-shop.de), applies in each case .

The following terms and conditions apply to customers who are consumers within the meaning of the Consumer Protection Act (hereinafter referred to as "consumers"), i.e. natural or legal persons who are not entrepreneurs in the aforementioned sense, for the legal transaction in question.

1.2 Personal designations in these terms and conditions that are used in the masculine form refer to women and men equally.

1.3 The customer's terms and conditions or any amendments or additions to our terms and conditions require our express consent – ​​in the case of business customers, this must be in writing – to be valid. The customer's terms and conditions will not be recognized even if we do not expressly object to them after receiving them.

2. Offer; assurances; cost estimates

2.1 Our offers are non-binding unless we expressly state otherwise.

2.2 Any promises, assurances and guarantees made by us or any agreements deviating from these terms and conditions shall only become binding upon our written confirmation to business customers.

2.3 Cost estimates are prepared without guarantee and are subject to a fee. Consumers are expressly informed of the fee and non-binding nature of the cost estimate before it is prepared. If an order is placed for all services included in the cost estimate, the fee for the cost estimate will be credited to the customer in the corresponding invoice.

3. Distance selling contracts with consumers

3.1 Distance contracts within the meaning of the Distance and Off-Premises Sales Act (FAGG) are contracts concluded between us and a consumer without the simultaneous physical presence of a representative of our company and the consumer within the framework of a sales or service system organized for distance selling, whereby exclusively means of distance communication are used up to and including the conclusion of the contract. The provisions set out in this section (section 3 of these General Terms and Conditions) apply only to distance contracts with consumers.

3.2 Before the consumer submits their contractual declaration in a distance selling contract, we will provide them with the information required under the FAGG (Austrian Distance Selling Act), insofar as this information is not already provided in the following provisions of these ABGB (Austrian General Terms and Conditions):

  1. Information about the essential characteristics of the goods or services, as well as contract durations and termination options:

The essential characteristics of the goods we offer can be found in the product descriptions on the product overview pages as well as in the information and illustrations on the product detail pages of our website www.schmieedeeisen-profi.de . Regarding the grills we offer , please note the information provided in section 11.5 of these Terms and Conditions.

In the case of services, we inform the consumer about the essential characteristics of the service before the conclusion of the contract, to the extent appropriate for the means of communication and the service.

In the case of continuing obligations, we provide information about the minimum duration of the obligations that the consumer enters into with the contract, in the case of fixed-term contracts about the duration of the contract, and in the case of indefinite-term contracts about the conditions for termination.

  1. Website www.profi-fitness-shop.de

  1. Information about the total price or the price calculation:

We provide the consumer with information about the total price or the price calculation before they submit their contractual declaration. In the case of an open-ended continuing obligation, we inform the consumer about the total costs incurred for each billing period: if fixed amounts are billed for such a contract, about the total monthly costs; however, if the total costs cannot reasonably be calculated in advance, about the method of price calculation.

  1. Terms of payment, delivery and performance, as well as the date of performance:

The payment terms and our delivery and service terms can be found in these General Terms and Conditions. The date or period for performance, as well as any differing or additional payment, delivery, and service terms, will be agreed upon individually. If no performance period is agreed upon in the individual contract, a performance period of two months from the conclusion of the contract applies.

  1. Information about the right of withdrawal (right of cancellation):

If a right of withdrawal exists, we will provide the consumer with the appropriate model withdrawal instructions and the model withdrawal form for the relevant type of legal transaction before they submit their contractual declaration. The model withdrawal form is also printed in the appendix to these General Terms and Conditions.

The following provisions apply to the exercise of the right of withdrawal:

Right of withdrawal

The consumer has the right to withdraw from a distance selling contract within 30 days without giving any reason.

The cancellation period is 30 days and begins in the case of a

  • Service contract with the date of conclusion of the contract,
  • In the case of a sales contract, the period of time begins on the day on which the consumer or a third party designated by him, who is not the carrier, takes possession of the goods.
  • In the case of a contract for several goods ordered by the consumer in a single order and delivered separately, the period begins on the day on which the

The consumer or a third party designated by him, who is not the carrier, has taken possession of the last goods,

  • In the case of a contract for the delivery of goods in several partial shipments or pieces, the period of time for performance begins on the day on which the consumer or a third party designated by him, who is not the carrier, takes possession of the last partial shipment or the last piece.
  • In the case of a contract for the regular delivery of goods over a defined period, the period begins on the day on which the consumer or a third party designated by him, who is not the carrier, takes possession of the first goods.

Consequences of the revocation

If the consumer withdraws from the contract, we will reimburse all payments received from them, including delivery costs (excluding any additional costs incurred because the consumer chose a delivery method other than the cheapest standard delivery offered by us), without undue delay and at the latest within 30 days from the day on which we received the consumer's notification of withdrawal. For this reimbursement, we will use the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise with the consumer; in no case will the consumer be charged any fees for this reimbursement.

If a consumer cancels a purchase contract, we will not collect the goods ourselves and may refuse reimbursement until we have received the goods back or until the consumer has provided proof that they have returned the goods, whichever is earlier. The consumer must return or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which they inform us of their cancellation of the contract. The deadline is met if the consumer sends the goods before the 14-day period has expired.

The consumer bears the direct costs of returning the goods. These costs are estimated at a maximum of approximately €500 for returns within Germany and at a maximum of approximately €750 for returns from another country within the European Economic Area. The consumer is only liable for any diminished value of the goods if this diminished value is due to handling of the goods beyond what is necessary to ascertain their nature, characteristics, and functioning.

If, in the case of a contract for the provision of services, the consumer has requested that the services should begin during the withdrawal period, the consumer must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which the consumer informs us of the exercise of the right of withdrawal with regard to the contract in question, in comparison to the total scope of the service provided for in the contract.

There is no right of withdrawal in the following cases:

If, in the case of a service contract, the consumer wishes us to begin performance of the contract before the withdrawal period expires, we will ask the consumer to expressly request this early performance and to confirm that they are aware they will lose their right of withdrawal upon our full performance of the contract. If the consumer submits this declaration and confirmation, and we begin performing the service before the withdrawal period expires and subsequently complete the service in full, the consumer will no longer have a right of withdrawal.

There is also no right of withdrawal in the case of a contract for goods that are manufactured according to customer specifications or are clearly tailored to the personal needs of the consumer.

There is also no right of withdrawal in the case of a contract for goods which, after delivery, have become inseparably mixed with other goods due to their nature.

  1. f) Information on the statutory warranty rights:

Our goods and services are covered by statutory warranty rights.

4. Prices; Price formation; Value protection

4.1 Prices quoted are generally not to be understood as fixed prices. Unless otherwise agreed, billing will be based on actual expenses.

4.2 Unless otherwise stated, prices quoted to business customers are exclusive of applicable VAT and ex works. Packaging, transport, loading and shipping costs, as well as customs duties and insurance, are to be borne by the business customer. These costs will only be charged to consumers if specifically negotiated.

4.3 When billing by length, the greatest length is used. When billing by area, the smallest rectangle that circumscribes the finished area is always used. Billing by weight is done by weighing. If weighing is not possible, the commercial weight is decisive. For structural steel and profiles, the commercial weight is used; for sheet steel and strip steel, 80 N/m² per mm of material thickness is applied; the rolling tolerance is included in each case. For bolted, welded, and riveted constructions, 10% is added to the masses thus determined for the fasteners used; the surcharge for galvanized components or constructions is 15%.

4.4 We are entitled, and upon the customer's request obligated, to adjust the contractually agreed fees if, between the conclusion of the contract and the provision of services, changes of at least 10% have occurred with regard to labor costs due to law, regulation, or collective agreement, or with regard to material costs due to changes in market prices. The adjustment will be made to the extent that the actual production costs at the time of the contract's conclusion differ from those at the time of service provision.

In the event that we are in default of performance, we may only adjust the fees in accordance with the change between the

The time of contract conclusion and the contractually agreed time of performance may change. If the service is to be provided within 3 months of contract conclusion, the provisions set out in this section (section 4.4 of these terms and conditions) apply to consumers only in the case of individually negotiated agreements.

4.5 The fee for continuing obligations is agreed upon as indexed to the Consumer Price Index 2015 (CPI 2015) or the index that replaces it. The month in which the contract is concluded serves as the base month. The fee is first adjusted (increased or decreased) in the 19th month of the contract term, in proportion to the change in the index for the month in which the contract was concluded compared to the index for the same month in the following year. Each subsequent adjustment is made twelve months after the previous adjustment, in proportion to the change in the index for the month of the same name preceding the adjustment date, compared to the change in the index for the same month in the previous year. Example: If the contract is concluded in April of year X, the fee is first adjusted in October of year X+1, in proportion to the change between the index for April in year X and the index for April in year X+1. The following adjustment will be made in October of year X+2, in proportion to the change between the index of the month of April in year X+1 and the index of the month of April in year X+2, etc.

6. Customer's obligations to cooperate and notification

6.1 Our obligation to perform the services begins at the earliest when the customer has created all structural, technical and legal prerequisites for performance, which were described in the contract or in the information provided to the customer before the conclusion of the contract, or which the business customer should have known due to relevant expertise or experience.

6.2 In particular, the customer must provide, without being asked, the necessary information regarding the location of concealed power, gas, and water lines or similar installations, escape routes, other structural obstacles, property boundaries, other potential sources of interference, hazards, as well as the required structural data and any planned modifications in this regard, before the commencement of the work. Order-specific details regarding the necessary information can be obtained from us.

6.3 The customer is responsible for obtaining all necessary third-party approvals, as well as any required notifications and permits from authorities, at their own expense. We will point this out during the contract conclusion process, unless the customer has waived this requirement or the business customer should have been aware of such requirements due to their training or experience.

6.4 The energy and water quantities required for the performance of the service, including trial operation, shall be provided by the customer at his own expense.

6.5 The customer shall provide us with lockable rooms free of charge for the duration of the performance of the services, for the accommodation of the workers and for the storage of tools and materials.

6.6 The customer must notify us immediately in writing (letter, email, fax) of any changes to his name, company, address, legal form or other relevant information.

6.7 The obligation of the business customer to give notice of defects is governed by point 10.5 of these terms and conditions.

6. Performance

7.1 We are only obliged to consider subsequent change and expansion requests from the customer if they are necessary for technical reasons to achieve the purpose of the contract.

7.2 Minor changes to our service delivery that are reasonable for the business customer and objectively justified are deemed to be pre-approved.

7. Performance deadlines and dates; delay

8.1 If the commencement or execution of the service is delayed or interrupted due to circumstances attributable to the customer, in particular due to the customer's breach of its obligations to cooperate, the performance deadlines will be extended accordingly and agreed completion dates will be postponed accordingly.

8.2 Delivery and completion dates are only binding for business customers if their adherence has been confirmed in writing.

8.3 Unless otherwise agreed, a performance period of two months applies.

8.4 Notices of withdrawal, setting a reasonable grace period due to delay on the part of our company, require the following formal requirements to be effective: Consumers must comply with the written form; for business customers, a registered letter is required.

8. Retention of title

9.1 The goods and works supplied by us remain our property until full payment has been received.

9.2 The customer who has accepted goods and works from us under retention of title must notify us immediately of the opening of insolvency proceedings against his assets or of the seizure of our goods subject to retention of title.

10. Warranty; Obligation to report defects

10.1 The warranty period for our services is one year from delivery for business customers.

10.2 The business customer must always prove that the defect was already present at the time of delivery.

10.3 The business customer shall bear all costs for the return transport of the defective item to us.

10.4 For products in the LaKra line, the warranty is excluded for business customers in the event of rust formation or rust infestation.

10.5 Any defects in the delivered goods that the business customer has discovered, or should have discovered, through proper inspection after delivery, must be reported to us in writing by the business customer immediately, but no later than 30 days after delivery. Hidden defects must be reported by the business customer no later than 30 days after their discovery. Delayed or omitted notification of defects will result in the legal consequences for the business customer as set forth in Section 377 Paragraph 2 of the Austrian Commercial Code (UGB).

    11. Use of customer data for advertising purposes

    By concluding the contract, the customer expressly authorizes us to take photographs of the goods delivered by us or the work created by us at the place of delivery of the goods or the installation of the work, and to use these photographs for advertising and marketing purposes, and for these purposes also to mention the name or company of the customer as well as his place of residence or company headquarters.

    For this data processing, we issue the following data protection notice:

    We process the following data categories: photographs of the goods we have delivered or the work we have created at the place of delivery of the goods or the assembly of the work, the name or company of the customer as well as his place of residence or company headquarters.

    The legal basis for data processing is the customer's consent to the processing of the aforementioned data. The customer grants this consent by concluding a contract with us for goods or services offered by us, incorporating these terms and conditions. The customer is expressly informed of this before the conclusion of the contract.

    We will store the aforementioned data for as long as it is used for advertising and sales promotion purposes.

    The customer, who is a natural person, has the rights to information, rectification, erasure, restriction of processing, data portability, and objection with regard to their personal data within the meaning of the General Data Protection Regulation (name and place of residence or company headquarters). To exercise these rights, the customer must contact the data controller named above.

    The customer, who is a natural person, also has the right to withdraw his or her consent to the processing of his or her personal data at any time, without affecting the lawfulness of the processing carried out on the basis of the consent until its withdrawal.

    The customer has the right to lodge a complaint with the supervisory authority, which in Germany is the data protection authority.

    No automated decision-making takes place.

    12. Severability Clause

    Should any provision of these Terms and Conditions be invalid, it shall be replaced by a valid provision that is legally provided for in the case of consumers; in the case of business customers, a provision that most closely approximates the original provision shall be deemed agreed upon. The remaining provisions of these Terms and Conditions shall remain in full force and effect.

    Version: August 2018