§1 scope of judicial view
(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 successors in title (hereinafter referred to as the Customer), these Terms are part of any contract.
(2) The services and deliveries provided by PAT shall be made exclusively on the basis of these General Terms and Conditions.
(3) Should conditions deviate from these terms and conditions, this requires the consent of PAT in writing.
(4) If the customer is directed to the website of a third party for orders, the contract concluded by the customer is concluded exclusively with this third party and on the terms and conditions set out therein.
§ 2 Contractor and conclusion of contract
(1) Orders may only be made by persons who are at least 18 years of age.
(2) The presentation of PAT services, in brochures, advertisements and on the Internet, does not yet constitute a binding offer.
(3) A binding contract shall only be concluded if PAT accepts the customer’s order by means of a declaration of acceptance or by delivery of the goods. The electronic confirmation of receipt does not constitute acceptance of the contract, but merely serves to inform the customer of the actual receipt of the order.
(4) PAT reserves the right to accept customer orders on a case-by-case basis, in particular in the event that the website contains writing, printing or calculation errors, has become the basis of the customer’s offer and in the event of interim price adjustments. of their suppliers.
(5) If PAT is not able to deliver the ordered goods through no fault of his own, in particular due to a lack of delivery by suppliers, PAT is also entitled to withdraw from the contract. In this case, the customer will be informed immediately that the ordered goods are not available. A 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 contract language.
§ 4 Subject matter of the contract and essential characteristics of the products
(1) In our online shop, the subject of the contract is:
- The sale of goods. The specific goods offered can be found on our article pages.
- The sale of digital goods, e.g. software or media downloads. You can find the specific digital goods on offer in our article pages.
(2) The essential characteristics of the goods and digital goods can be found in the article description.
3. The sale of digital products shall be subject to the restrictions indicated in the product description or otherwise resulting from the circumstances, in particular on hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§5 right of withdrawal
If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. place the order for a purpose that cannot be attributed to your commercial or independent professional activity, the following revocation policy applies:
(1) Right of withdrawal You can revoke your contract declaration within 14 days without giving reasons in text form (e.g. letter, e-mail) or – if the item is left to you before the deadline expires – also by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods at the recipient (in the case of the recurring delivery of similar goods not before receipt of the first partial delivery) or before the conclusion of the contract (in the case of the provision of services) and also not before fulfilling our information obligations pursuant to Article 246 S.2 in conjunction with Sections 1 paragraph 1 and 2 of the EGBGB as well as our obligations pursuant to Section 312g paragraph 1 sentence 1 of the German Civil Code (BGB) in conjunction with Article 246 Section 3 of the EGBGB. In order to comply with the withdrawal period, it is sufficient to send the revocation or the item in time. The revocation should be addressed to: Patrick Herzog, Geroldstr. 11, 85737 Ismaning, email: firstname.lastname@example.org.
(2) Consequences of revocation In the event of an effective revocation, the services received by both parties must be returned and any benefits drawn (e.g. interest) must be surrendered. If you are unable to return the received product or service (e.g. benefits of use) or only in a deteriorated condition, you must compensate us for the value. In the case of the provision of services, this may result in you having to fulfil the contractual payment obligations for the period up to the withdrawal. For the deterioration of the item and for drawn uses, you only have to pay compensation for value insofar as the uses or the deterioration are due to a handling of the item that goes beyond the examination of the properties and the functioning. “Testing the properties and functionality” means testing the respective goods, as it would be possible and common in the shop, for example. Items that can be shipped by parcel must be returned at our risk. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the sending of your revocation declaration or the item, for us with its receipt.
(3) Special Notices: In the case of the provision of services, your right of withdrawal expires prematurely if the contract is fully fulfilled by both parties at your express request before you have exercised your right of withdrawal.
In the case of open 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. However, the predominant view is that this term also includes goods which have become unusable by opening it up to others, such as food, pharmaceuticals and cosmetics. This can probably also be argued here – even if legal risks cannot be completely avoided if the exclusion is made.
END OF THE RIGHT OF WITHDRAWAL
§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 and all applicable taxes.
(2) The respective purchase price must be paid before the delivery of the product (prepayment), unless we expressly offer the purchase on account. The payment methods available to you are indicated under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated in the individual payment methods, the payment entitlements are due for payment immediately.
(3) In addition to the indicated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of charge. The shipping costs will be clearly communicated to you again on the offers, in the shopping cart system and on the order overview.
(4) All products offered are ready for immediate dispatch (delivery time: two to four days after receipt of payment), unless otherwise stated in the product description.
(5) The following supply area restrictions exist: Delivery takes place nationally and internationally.
§7 Terms of Delivery
(1) Delivery shall be made from warehouse PAT to the delivery address specified by the customer, unless a different delivery address confirmed in writing has been agreed.
(2) Partial deliveries are permissible and are considered to be independent deliveries, unless a partial delivery is exceptionally unreasonable for the customer. Any additional costs incurred as a result will not be charged to the customer unless otherwise agreed.
(3) Information about the delivery period is non-binding, unless the delivery date has been bindingly promised. If PAT is in default beyond the bindingly agreed delivery date, the customer has the right to withdraw from the contract.
(4) Orders and all services will only be fulfilled by PAT if there are no open payment obligations of the customer from other contracts that are outside the usual payment terms. Payments are first offset against outstanding receivables, interest and costs, in the chronological order of the respective due date.
(5) Delivery defects must be reported immediately.
(1) If, in accordance with our revocation instructions (Section 3), a return shipment of the goods takes place, the conditions for the return shipment contained therein shall apply.
(2) The customer shall bear the regular costs of the return if the delivered goods correspond to the ordered goods. Otherwise, PAT shall bear the costs of the return shipment.
§9 Terms of Payment
(1) The prices listed on the website www.pat.fit at the time of ordering apply.
(2) The purchase price becomes due immediately at the conclusion of the contract. The customer chooses the payment method. The way of payment is chosen by the customer in the ordering process. If you pay for a credit card, your credit card will be charged immediately after your order has been received.
(3) All prices are to be understood as retail prices including the statutory value added tax.
(4) For direct debits from direct debits or credit card reversals, PAT reserves the right to charge an appropriate handling fee to be determined in individual cases, unless the customer does not have the return debit or credit card reversal, to represent.
(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 assumes additional taxes or duties.
(6) If PAT incurs additional shipping costs due to the indication of an incorrect delivery address, refusal to accept or an incorrect addressee, these costs shall be reimbursed by the customer if requested, provided that he is responsible for the incorrect information or refusal to accept.
(7) The customer is only entitled to set-off his counterclaims if they have been legally established or are undisputed by PAT. In addition, he is entitled to exercise a right of retention only to the extent that his 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 (Section 14 of the German Civil Code), the period is 12 months from the handover of the item.
(2) Merchants are subject to the legislation, investigation and complaint obligations under the German Commercial Code (HGB).
§ 11 Warranty
(1) PAT does not guarantee that the services of the website www.pat.fit are always available, up-to-date and the contents are correct. In particular, typographical errors may occur, when specifying prices in an advertisement.
(2) The statutory warranty regulations apply when goods are delivered. If the subsequent performance is carried out by means of the 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 / Indemnification of Liability
(1) PAT shall be liable for damage in the event of intent and gross negligence in its entirety.
(2) Liability for simple negligence shall only be liable for damage resulting from injury to life, body or health as well as in the event of a breach of an essential contractual obligation (cardinal obligation). In the case of negligent breach of cardinal obligations, liability is limited to contractualand and foreseeable damages. PAT assumes no liability for the application of the exercises and techniques shown. Implementation and imitation is at your own risk. This applies to any content published on the pages of PAT, social channels, articles and other products.
(3) This does not affect statutory liability (e.g. under the Product Liability Act) and liability arising from the possible assumption of a guarantee.
(4) The liability of the legal representatives, employees and vicarious agents PAT is also liable in accordance with paragraph (1) limited to (4).
(5) For 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 for diagnosing, treating, curing or preventing diseases.
§ 13 Retention of title
Until all claims, including balance and ancillary claims, in respect of the delivered goods have been met, PAT retains ownership of the delivered goods.
§ 14 Data protection (1) With regard to data protection, our data protection declaration applies.
§ 15 Other
(1) For complaints, please contact email@example.com
(2) German law shall apply to the business relationship between the customer and PAT to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This also applies for orders from a country other than Germany or are delivered 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 Munich business relationship (Munich Regional Court). The same place of jurisdiction shall apply if the customer’s domicile or habitual residence is not known at the time the action is brought. If the customer does not have a general place of jurisdiction in Germany, the exclusive place of jurisdiction is pat.
(4) If the customer is a consumer, the exclusive place of jurisdiction for disputes arising out of or in connection with the business relationship is the domicile of the consumer.
(5) Ancillary agreements and amendments to the contract must be made in writing in order to be effective. This formal requirement cannot be waived or overridden or terminated or oral or implied.
(6) Should individual provisions of these General Terms and Conditions be or become ineffective, this shall not affect the validity of the contract and these GTC in the rest of the country. In such a case, the Contracting Parties shall replace the invalid provision with an admissible provision which achieves the purpose of the invalid provision in the best possible way. The same applies if a contract gap in need of supplement should arise.
(7) These terms and conditions are available in their current version at www.pat.fit. Previous versions are saved by PAT. The terms and conditions are only available in German.
§ 16 Final Provisions
(1) German law applies. In the case of consumers, this choice of law applies only insofar as it does not deprive the protection afforded by mandatory provisions of the law of the state of habitual residence of the consumer (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the Sale of Goods expressly do not apply.
(3) Insofar as 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 shall be the registered office of the Provider.
§ 17 Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet offer from which this page was referred. If parts or individual formulations of this text do not, no longer or not completely comply with the applicable legal situation, the remaining parts of the document remain unaffected in their content and validity.