Conditions

General terms and conditions of business

§1 Scope of application

(1) For business relations and contracts between Patrick Herzog, www.pat.fit, Geroldstr. 11, 85737 Ismaning (hereinafter referred to as PAT), and the Customer, as well as their legal successors (hereinafter referred to as Customer), these Terms and Conditions are an integral part of each contract.
(2) The services, performances and deliveries provided by PAT are exclusively based on these General Terms and Conditions.
(3) If terms and conditions should deviate from these GTCs, this requires explicit written consent by PAT.
(4) If the customer is directed to the website of a third party for orders, the contract concluded by the customer shall be concluded exclusively with this third party and on the terms and conditions set out there.

§ 2 Contracting parties and conclusion of contract

(1) Orders may only be placed by persons who are at least 18 years of age.
(2) The presentation of PAT's services in brochures, advertisements and on the internet does not constitute a binding offer.
(3) A binding contract is only concluded if PAT accepts the Customer's order by a declaration of acceptance or by delivery of the goods. The electronic order confirmation does not constitute an acceptance of the contract, but only serves to notify the Customer of the actual receipt of the order.
(4) PAT reserves the right to accept Customer's orders in individual cases, especially in case the website contains spelling, printing or calculation errors which have become the basis of the Customer's offer and in case of price adjustments of its suppliers in the meantime.
(5) In case PAT is not able to deliver the ordered goods through no fault of PAT, in particular due to lack of supply by suppliers, PAT shall also be entitled to withdraw from the contract. In this case the Customer will be informed immediately that the ordered goods are not available. Any purchase price already paid will be refunded immediately. The legal claims of the Customer remain unaffected.

§3 Contract language

Only German is available as the contractual language.

§4 Subject matter of the contract and essential characteristics of the products

(1) In our online shop is the subject of the contract:

1. The sale of goods. The concrete goods offered can be found on our article pages.
2. The sale of digital goods, e.g. software or media downloads. You can find the specific digital goods offered on our article pages.

(2) The essential characteristics of the goods and digital goods can be found in the item description.
(3) For the sale of digital products, the restrictions apparent from the product description or otherwise resulting from the circumstances shall apply, in particular to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.

§5 CANCELLATION POLICY

If you are a consumer in the sense of § 13 BGB (German Civil Code), i.e. if you place the order for a purpose that cannot be attributed to your commercial or independent professional activity, the following cancellation policy applies:

(1) Right of revocation You may revoke your contractual declaration within 14 days without stating reasons in text form (e.g. letter, e-mail) or - if the goods are delivered to you before the deadline - also by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) or before the conclusion of the contract (in case of the provision of services) and also does not fulfill our obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the item shall be sufficient to comply with the revocation period. The revocation is to be addressed to: Patrick Herzog, Geroldstr. 11, 85737 Ismaning, e-mail: mail@pat.fit.
(2) Consequences of revocation In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return or surrender the received performance and benefits (e.g. benefits of use), or are only able to do so in part or in a deteriorated condition, you must compensate us for the loss of value. In the case of the provision of services, this may mean that you must nevertheless fulfil the contractual payment obligations for the period up to revocation. You only have to pay compensation for the deterioration of the goods and for the use made of them if the use or the deterioration is due to the handling of the goods which goes beyond the examination of the characteristics and the functioning. By "testing the properties and functionality" we mean testing and trying out the respective goods, as is possible and customary in a shop, for example. Goods that can be sent by parcel post are to be returned at our risk. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the goods, for us with their receipt.
(3) Special notes: In the case of the provision of services, your right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of withdrawal.
(4) When returning reduced goods from an offer (bundle, special offers or discounts), only the complete return of the entire order and not individual parts of the order is possible.

In the case of opened and opened articles from the food or food supplement area, there is no right of withdrawal. In principle, a right of withdrawal is only excluded for perishable goods. According to the prevailing view, however, this term also includes goods that have become unusable for others by being opened, such as foodstuffs, medicines and cosmetics. This can probably also be argued here - even if legal risks cannot be completely avoided with a corresponding exclusion.

END OF THE CANCELLATION POLICY

§6 Prices, shipping costs and delivery

(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated in the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.
(4) All products offered are ready for immediate shipment (delivery time: two to four days after receipt of payment), unless clearly stated otherwise in the product description.
(5) The following delivery area restrictions apply: Delivery is national and international.

§7 Delivery conditions

(1) Delivery shall be made ex warehouse PAT to the delivery address indicated by the Customer, unless a different delivery address has been agreed upon in writing.
(2) Partial deliveries are permissible and shall be deemed to be independent deliveries, unless a partial delivery is exceptionally unreasonable for the customer. Additional costs arising from this shall not be charged to the customer unless otherwise agreed in advance.
(3) Information about the delivery period is non-binding, unless the delivery date has been bindingly promised by way of exception. If PAT is in default beyond the bindingly promised delivery date, the Customer shall be entitled to withdraw from the contract.
(4) Orders as well as any services will only be fulfilled by PAT if there are no outstanding payment obligations of the Customer from other contracts which are outside the usual payment terms. Payments shall first be set off against outstanding claims, interest and costs, in the chronological order of the respective due date.
(5) Delivery deficiencies must be reported immediately.

§8 Return shipment / take-back

(1) If a return shipment of the goods takes place in accordance with our cancellation policy (§ 3), the conditions for the return shipment contained therein shall apply.
(2) The Customer shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods. Otherwise PAT shall bear the costs of the return.

§9 Terms of payment

(1) The prices listed on the website www.pat.fit at the time of the order shall apply.
(2) The purchase price is due immediately upon conclusion of the contract. The customer chooses the method of payment. The method of payment is selected by the customer in the ordering process. In the case of credit card payment, your credit card will be charged immediately after receipt of the order.
(3) All prices are to be understood as end customer prices including the statutory value added tax.
(4) For return debit notes from direct debit or credit card reversals PAT reserves the right to charge a reasonable handling fee to be determined in each individual case, unless the Customer is not responsible for the return debit note or the credit card reversal.
(5) All shipping costs, in particular packaging, transport costs, transport insurance and deliveries are at the expense of the customer. The shipping costs, if any, will be displayed to the customer on the order page before the order is completed. In the case of deliveries abroad, the customer shall bear any additional taxes or customs duties incurred.
(6) If PAT incurs additional shipping costs due to the indication of a wrong delivery address, refusal of acceptance or a wrong addressee, these costs shall be reimbursed by the Customer upon request, provided that the Customer is responsible for the wrong information or refusal of acceptance.
(7) The Customer shall only have a right of set-off if its counterclaims are legally established or undisputed by PAT. Furthermore, the Customer is only entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.

§10 Limitation

(1) The limitation period for claims arising from liability for material defects is 24 months and begins with the handover of the purchased item. If the customer is an entrepreneur (§ 14 BGB), the period is 12 months from handover of the item.
(2) For merchants, the legal provisions, inspection and complaint obligations according to the German Commercial Code (HGB) shall apply.

§11 Warranty

(1) PAT does not guarantee that the services of the website www.pat.fit are available at any time, up-to-date and that the contents are correct. In particular, spelling and typing errors may occur, especially also in the indication of prices in an advertisement.
(2) In case of delivery of goods the statutory warranty provisions shall apply. If the supplementary performance is carried out by way of replacement delivery, the Customer is obliged to return the originally delivered goods to PAT within 30 days at PAT's expense.

§12 Limitation of Liability / Release from Liability

(1) PAT is fully liable for any damage in case of intent and gross negligence.
(2) Liability for simple negligence shall only exist in the case of damage resulting from injury to life, limb or health and in the case of breach of a material contractual obligation (cardinal obligation). In case of negligent violation of cardinal obligations the liability is limited to contract-typical and foreseeable damages. PAT does not assume any liability for the application of the shown exercises and techniques. The implementation and imitation is at your own risk. This concerns any content published on PAT's pages, social channels, articles and other products.
(3) A legal liability independent of fault (e.g. according to the product liability law) and a liability from the possible assumption of a guarantee remain unaffected.
(4) The liability of PAT's legal representatives, employees and vicarious agents is also limited according to paragraphs (1) to (4).
(5) In case of known food allergies and intolerances, please consult your doctor or pharmacist before using the products. Please note that the products are not intended or suitable to diagnose, treat, cure or prevent any disease.

§13 Retention of title

PAT retains title to the delivered goods until all claims, including the balance and ancillary claims, in relation to the delivered goods have been settled.

§14 Data protection

With regard to data protection, our Privacy policy.

§15 Miscellaneous

(1) For complaints, please contact mail@pat.fit.
(2) The business relationship between the Customer and PAT shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This shall also apply if orders are placed from a country other than Germany or if deliveries are made to a country other than Germany.
(3) If the customer is a merchant, the exclusive place of jurisdiction for disputes arising from or in connection with the business relationship shall be Munich (Munich Regional Court). The same place of jurisdiction shall apply if the customer's place of residence or habitual abode is unknown at the time the action is brought. If the Customer has no general place of jurisdiction in Germany, the exclusive place of jurisdiction shall be PAT's place of business.
(4) If the customer is a consumer, the exclusive place of jurisdiction for disputes arising from or in connection with the business relationship shall be the consumer's place of residence.
(5) Subsidiary agreements and amendments to the contract must be in writing to be effective. This formal requirement may not be waived or set aside either orally or by implication.
(6) Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the contract and these GTC in other respects. In such a case, the contracting parties shall replace the invalid provision with a permissible provision that best achieves the purpose of the invalid provision. The same shall apply if a gap in the contract should arise that requires supplementation.
(7) The current version of these terms and conditions is available at the URL www.pat.fit. Previous versions will be saved by PAT. The Terms and Conditions are available in German language only.

§16 Final provisions

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

§17 Legal validity of this disclaimer

This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.

Dispute resolution

Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can access at https://ec.europa.eu/consumers/odr find. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Liability for contents
The contents of our pages were created with the utmost care. However, we cannot guarantee the accuracy, completeness and timeliness of the content. As a service provider, we are responsible for our own content on these pages in accordance with § 7 paragraph 1 TMG under the general laws. According to §§ 8 to 10 TMG we are not obligated to monitor transmitted or stored information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected by this. However, liability in this respect is only possible from the point in time at which a concrete infringement of the law becomes known. If we become aware of any such infringements, we will remove the relevant content immediately.
Liability for links
Our offer contains links to external websites of third parties, on whose contents we have no influence. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognizable at the time of linking. However, a permanent control of the contents of the linked pages is not reasonable without concrete evidence of a violation of the law. If we become aware of any infringements, we will remove such links immediately.
Copyright
The contents and works created by the site operators on these pages are subject to German copyright law. The reproduction, processing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately.
Final Provisions: If any provision of this Agreement is held to be invalid or unenforceable, it shall remain in force to the fullest extent possible. The validity of the remaining provisions shall not be affected thereby. Section headings are for reference purposes only; they do not in any way define, limit, interpret or describe the substantive content of any section. To the extent permitted by law, the place of jurisdiction is Berlin.
Source: http://www.e-recht24.de, Imprint Generator

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