(The following terms and conditions also contain legal information about your rights under the regulations governing distance selling and e-commerce contracts.)
GENERAL TERMS AND CONDITIONS OF PALA HEALTH GMBH FOR THE ONLINE SHOP EVERJUMP AT WWW.EVERJUMP.FIT
1. Scope, definitions of terms
(1) Pala Health GmbH, Friedrichstraße 114, 10117 Berlin (hereinafter: "we" or "Everjump") operates an online shop for products related to rope sniffing and accessories at http://www.everjump.fit. The following terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed.
(2) For the purposes of these terms and conditions, a ‘consumer’ is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
2. Formation of the contracts, storage of the contract text
1) The following regulations regarding the conclusion of contracts apply to orders placed via our online shop at http://www.everjump.fit/
(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following provisions shall apply: The consumer submits a binding offer to enter into a contract by successfully completing the order procedure provided in our online shop.
(4) The order is placed in the following steps:
Selection of the desired goods,
Clicking the "Add to Cart" button,
Entering customer data (billing details and delivery address), selecting the payment method, checking the information in the shopping cart,
Clicking the "Order with obligation to pay" button (this constitutes your legally binding contractual declaration),
The contract for the purchase of the selected goods is concluded when you receive an order confirmation from us within three working days at the specified email address.
(5) In the event of a contract being concluded, the contract shall be concluded with
Pala Health GmbH, Friedrichstraße 114, 10117 Berlin, represented by the managing directors Julian Fuchs and Moritz Lienert.
(6) Before placing your order, you can print or save the contract details electronically using your browser's print function. Order processing and the transmission of all information required in connection with the conclusion of the contract, in particular the order details, the terms and conditions, and the cancellation policy, will be carried out by email after you place your order, partly automatically. We do not store the contract text after the contract is concluded.
(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 matter of the contract and essential characteristics of the goods
(1) The subject of the contract in our online shop is the purchase of products related to rope skipping.
(2) The essential characteristics of the goods can be found in the respective product description.
4. Prices, shipping costs, delivery and retention of title
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. For deliveries to Switzerland, not all price components are included; the customer is responsible for paying any applicable taxes and import duties directly to the relevant customs authorities.
(2) The purchase price is due upon conclusion of the contract and is generally payable before delivery of the product. We usually offer various payment methods for each order. These may include payment via Amazon Payments, PayPal, instant bank transfer, or credit card (Visa, Mastercard, American Express). You can select the specific payment methods available during the ordering process.
(3) Retention of title; set-off; right of retention
(3.1) For consumers, we retain title to the goods until full payment of the invoice amount. If you are an entrepreneur acting in the course of your commercial or independent professional activity, a legal entity under public law, or a special fund under public law, we retain title to the goods until all outstanding claims arising from the business relationship with the customer have been settled. These security rights are transferable to third parties.
(3.2) You are only entitled to set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
(3.3) If the customer is in default of any payment obligations to us, all outstanding claims will become due immediately.
5 Data protection
(1) We collect, store and use the customer's personal data (e.g. name and address) for the purpose of fulfilling the respective contract.
(2) Your data will be shared with the shipping company commissioned to deliver your order, insofar as this is necessary for the delivery of the products. For payment processing, we will, if necessary, share your payment details with the bank or payment service provider selected during the ordering process.
(3) The responsible body within the meaning of the BDSG is Pala Health GmbH, Friedrichstraße 114, 10117 Berlin, represented by the data protection officer.
(4) Your personal data will be transmitted over the internet using SSL encryption during the ordering process. Credit card details will not be stored.
(5) You have the right to receive information free of charge about the data we have stored about you and, if applicable, the right to rectification, blocking or erasure of this data. You can also object to the use of your personal data with effect for the future. An email to support@everjump.fit is sufficient for this purpose.
(6) Further information on the use of your data can be found in our privacy policy ( link ).
6 Right of withdrawal for consumers
Consumers have the following right of withdrawal:
(1) Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
– on which you or a third party designated by you, who is not the carrier, have taken possession of the goods, provided that you have ordered one or more goods as part of a single order and these are delivered together, or;
– on which you or a third party designated by you, who is not the carrier, took possession of the last goods, provided that you ordered several goods as part of a single order and these are delivered separately, or;
– on which you or a third party designated by you, who is not the carrier, took possession of the last partial shipment or the last item, provided that you have ordered goods that are delivered in several partial shipments or items.
To exercise your right of withdrawal, you must inform us (Pala Health GmbH, Friedrichstraße 114, 10117 Berlin, email: support@everjump.fit) of your decision to withdraw from this contract by means of a clear statement (email). You may use the attached model withdrawal form, but this is not obligatory.
To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of the revocation
(1) If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding delivery costs and a small handling fee of €2.99 (with the exception of any additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods or handed them over to a third-party provider designated by us, whichever is the earliest.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods or hand them over to a partner designated by us before the fourteen-day period has expired.
You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
(2) Model withdrawal form
Sample cancellation form
(If you wish to cancel the contract, please fill out this form and return it.)
– To: Pala Health GmbH, Friedrichstrasse 114, 10117 Berlin, email: support@everjump.fit
– 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 consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for notifications on paper)
- Date
__________
(*) Delete as appropriate.
(4) We will bear the costs of return or collection.
(5) If you exercise your right of voluntary return, the refund will be made to the account you specify for this purpose.
(6) Your statutory right of withdrawal is not affected by compliance with our rules regarding the supplementary contractual (voluntary) right of return and remains valid independently thereof. Until the expiry of the statutory withdrawal period, only the statutory conditions listed in the cancellation policy apply. Furthermore, the contractual (voluntary) right of return does not limit your statutory warranty rights, which remain fully intact.
(3) Voluntary right of withdrawal
You have the right to withdraw from this contract within 30 days without giving any reason.
The voluntary right of withdrawal begins after the statutory right of withdrawal (of 14 days) has expired and lasts for a further 16 days. This gives you a total of 30 days to withdraw from the contract (14 days statutory, 16 days voluntary).
If you withdraw from this contract within the scope of your right of withdrawal, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and at the latest within 30 days from the day on which we demonstrably return the product. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
Your statutory right of withdrawal is not affected by compliance with our rules on the right of withdrawal and remains valid independently. Until the expiry of the statutory withdrawal period, only the statutory conditions listed therein apply. Furthermore, the right of withdrawal does not limit your statutory warranty rights, which remain fully intact.
7 Liability
(1) Subject to the following exceptions, our liability for breaches of contractual obligations and for tortious acts is limited to intent or gross negligence.
(2) We are liable without limitation for slight negligence in the event of injury to life, body, or health, or in the event of a breach of a fundamental contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible, or if we have breached a fundamental contractual obligation, our liability for resulting property damage and financial losses is limited to the foreseeable damage typical for this type of contract. A fundamental contractual obligation is one whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract, and on whose compliance you may regularly rely. This includes, in particular, our obligation to act and to perform the contractually owed service, as described in Section 3.
(3) Claims under the Product Liability Act remain unaffected in any case.
8 Contract language
The only available contract languages are German or English.
9 Warranty/Customer Service
(1) The warranty is governed by the statutory provisions.
(2) Our customer service for questions, complaints and grievances is available from Monday to Friday between 9:00 a.m. and 3:00 p.m. via email: support@everjump.fit.
10 Choice of law, place of performance, place of jurisdiction
(1) German law, which is not unified, shall apply. In the case of consumers, this choice of law shall only apply to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).
(2) The place of performance for all services arising from our business relationship and the place of jurisdiction is 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 have no general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown at the time the action is brought. This does not affect the right to bring an action before a court at any other legally permissible place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
11. Dispute Resolution
(1) The EU Commission offers the possibility of online dispute resolution on an online platform it operates. This platform can be accessed via this external link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
(2) We are not obliged to participate in any arbitration procedure and unfortunately cannot offer participation in such a procedure.
12. Availability; Procurement risk; Cancellation of delivery obligation; Extension of delivery times; Transfer of risk; Delay; Delivery area
(1) Many of the goods offered are kept in stock by us, although the quantity in stock is limited to typical household quantities for consumers due to the wide variety of products. If you are a company wishing to place larger orders, please check availability beforehand.
(2) We do not assume any procurement risk, even in the case of a purchase agreement for generic goods. We are only obligated to deliver from our existing stock and from goods ordered by us from our suppliers.
(3) Pala Health GmbH's obligation to deliver is waived if, despite a properly executed and congruent hedging transaction, Pala Health GmbH itself is not supplied correctly and on time, and the lack of availability is not attributable to Pala Health GmbH, provided you have been informed of this without undue delay and no procurement risk has been assumed. In the event of non-availability of the goods, any advance payment will be refunded without undue delay.
(4) The delivery period shall be extended appropriately in the event of circumstances beyond our control that impede delivery, such as force majeure. Force majeure includes strikes, lockouts, government intervention, energy and raw material shortages, transport bottlenecks beyond our control, operational disruptions beyond our control (e.g., due to fire, water damage, or machinery breakdowns), and any other impediments that, from an objective standpoint, were not caused by us. You will be notified immediately of the beginning and end of such impediments. If the impediment to performance in the aforementioned cases lasts for more than four weeks beyond the originally agreed delivery period, you are entitled to withdraw from the contract. No further claims, in particular for damages, exist.
(5) In the case of consumers, the risk of accidental loss or damage to the goods sold passes 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. Delivery is deemed to have occurred if the buyer is in default of acceptance. Otherwise, the risk of accidental loss or damage to the goods passes to the buyer upon delivery, or, in the case of a sale involving shipment, upon delivery of the goods to the carrier or other person or entity designated to carry out the shipment.
(6) If the customer defaults on 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 defaults on any payment obligation, all outstanding claims against that customer by Pala Health GmbH shall become due immediately.
(8) Delivery will take place within the Federal Republic of Germany
13 vouchers
Vouchers are coupons that we issue as part of promotional campaigns with a specific validity period. Vouchers cannot be purchased. Vouchers are valid exclusively for everjump.fit and only during the specified period. We reserve the right to exclude individual items from the voucher promotion. Vouchers can only be redeemed once per order. For administrative reasons, refunds of any remaining balance are not possible. You can only redeem a voucher before completing an order. Subsequent crediting is generally not possible. We do not pay out voucher balances in cash, nor do they accrue interest. If the voucher balance is insufficient to cover the order, the difference must be paid using the available payment methods. The voucher will not be refunded if goods are returned in whole or in part, provided 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 authorized to combine multiple vouchers.
As of October 2020