Terms of service

Table of Contents

1. Scope
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Promotional Vouchers
10. Redemption of Gift Cards
11. Applicable Law
12. Place of Jurisdiction
13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Angelgym GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods in the shopping cart by clicking the button that completes the ordering process.

2.3 The Seller may accept the Customer's offer within five days

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• by requesting the Customer to pay after the Customer has placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares its acceptance of the Customer's offer at the point in time when the Customer clicks the button that completes the ordering process.

2.5 When an order is placed via the Seller's online order form, the text of the contract is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax or letter) after the Customer has submitted their order. The Seller does not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data is archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login details.

2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, which enlarges the display on the screen. Within the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Various languages are available for concluding the contract. The specific language selection is shown in the online shop.

2.8 Orders are usually processed automatically by email. The Customer must ensure that the email address they provide for processing the order is correct, so that emails sent by the Seller can be received at this address.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices shown are total prices that include statutory value added tax (VAT). Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.3 If a payment method offered via the payment service "PayPal" is selected, payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which the Seller provides advance performance to the Customer (e.g., purchase on account or payment in installments), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only make payment with debt-discharging effect to PayPal or the payment service provider commissioned by PayPal. However, even in the case of assignment of the claim, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and returns, or credit notes.

4.4 If a payment method offered via the payment service "Shopify Payments" is selected, payment is processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. To process payments, Shopify may use other payment services, for which special payment terms may apply, of which the Customer may be informed separately. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments/de.

5) Delivery and Shipping Terms

5.1 If the Seller offers shipping of the goods, delivery takes place within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for processing the transaction. Notwithstanding this, if the PayPal payment method is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of the outbound shipment if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises the right of withdrawal, the provisions set out in the Seller's cancellation policy apply to the return shipping costs.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed the item over to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes upon handover of the goods to the Customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the Customer in the case of consumers as soon as the Seller has handed the item over to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, and the Seller had not previously named this person or institution to the Customer.

5.4 If the Customer acts as a consumer based in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this only applies in the event that the non-delivery is not the Seller's responsibility and the Seller has concluded a specific hedging transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed without undue delay and the consideration will be refunded without undue delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller provides advance performance, it retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. Notwithstanding this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for claims for defects is one year from delivery of the goods;
• for used goods, claims for defects are excluded;
• the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortened periods set out above do not apply

• to claims of the Customer for damages and reimbursement of expenses,
• in the event that the Seller has fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
• to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the delivery company and to inform the Seller accordingly. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation on any legal grounds

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise provided in this regard,
• on the basis of mandatory liability, such as under the German Product Liability Act.

8.2 If the Customer acts as a consumer based in Germany or as an entrepreneur, the following limitations of liability apply:

If the Seller negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical for the contract, unless it is liable without limitation pursuant to the preceding clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the Customer may regularly rely. Otherwise, the Seller's liability is excluded, unless it is liable without limitation pursuant to the preceding clause.

8.3 The above provisions on liability also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

9.4 Several promotional vouchers can also be redeemed in one order.

9.5 If the promotional voucher relates to a specific value and not to a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

9.7 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

9.8 The promotional voucher will not be refunded if the Customer returns goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.

9.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the lack of entitlement, legal incapacity or lack of authority to represent of the respective holder.

10) Redemption of Gift Cards

10.1 Gift cards can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

10.2 If the value of the gift card is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

10.3 The balance of a gift card is neither paid out in cash nor does it bear interest.

10.4 The gift card is intended solely for use by the person named on it. Transfer of the gift card to third parties is excluded. The Seller is entitled, but not obligated, to verify the substantive entitlement of the respective gift card holder.

11) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

12) Place of Jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the above cases, however, the Seller is in any event entitled to bring an action before the court at the Customer's registered office.

13) Alternative Dispute Resolution

The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.