general terms and conditions

General Terms and Conditions (as of August 2016)

 

General Terms and Conditions of

WeightWorks GmbH
Kaltbrunner Str. 24
78476 Allensbach, Germany

hereinafter referred to as “WEIGHTWORKS”

Phone: +49 (0) 7533 / 992900-0
E-mail: i n f o [at] w e i g h t w o r k s . d e

Registry Court Amtsgericht (Local Court) Freiburg: HRB 711520
VAT identification number: DE 295705297
apply exclusively in the version valid at the time of contract conclusions that are made with the vendor on the website of WeightWorks GmbH. The offer is mainly aimed at customers in the European Union (other countries upon consultation).

 

§1 Formation of contract

  1. WEIGHTWORKS offers products in its online shop. They do not represent a legally binding proposal, but a request on the delivery of an order. Service descriptions on the website do not constitute a guarantee.
  2. The customer can select products from the product range of WEIGHTWORKS without any commitment and place them in the so-called “shopping basket” by clicking on the button “Add to shopping basket”. In the shopping basket, the customer may then complete the order by clicking on the button “Proceed to payment”. The customer may change and view the entered data of the order. By clicking on the button “Buy”, the customer submits a binding offer.
  3. By the time WEIGHTWORKS accepts the customer’s offer, the customer receives a confirmation of this order via e-mail, in which the order is listed and which can be printed by the customer.
  4. The contract text will not be saved separately by WEIGHTWORKS and can no longer be recalled, viewed, or saved by the customer after conclusion of the contract.

 

§2 Consumers’ right of revocation within the meaning of § 13 BGB

If a customer is a consumer within the meaning of § 13 BGB (German Civil Code), he has a statutory right of revocation. According to § 13 BGB, a consumer is each natural person who locks a legal transaction for a purpose, which can be added neither to its commercial nor its independent vocational activity.

Such right of revocation is specified within the General Terms and Conditions of WEIGHTWORKS as follows. A sample form for the announcement of revocation can be found below.

 

Instructions regarding the right of revocation
You have the right to revoke the contract within fourteen days without giving reasons.

 

The revocation period is fourteen days beginning on the day on which you or a third party, other than the carrier and designated by you, has acquired the material possession of the last goods.

To exercise your right of revocation, you must inform

WeightWorks GmbH
Kaltbrunner Str. 24
78476 Allensbach
Phone: +49 (0) 7533 / 992900-0
E-mail: i n f o [at] w e i g h t w o r k s . d e

by an explicit declaration (e.g. via letter sent by post mail, fax or e-mail) containing an announcement of revocation of the contract. The attached sample revocation form may be used for this purpose, however this is not a requirement.

To comply with the period of revocation, it is sufficient that you dispatch the announcement of the revocation before the end of the period of revocation.

 

Consequences of revocation
If you revoke this contract, we will refund all payments received from you including shipping charges (except for additional costs arising if you chose a method of shipping different from the most cost-efficient standard delivery offered by us) without delay and at the latest within fourteen days from the day on which we received the notice of revocation. We will issue the refund using the same method of payment that you used for the original transaction, unless expressly agreed with you otherwise; you shall not be charged a fee for this refund under any circumstances.   We can refuse the refund until we have received the returned goods or until you have furnished proof that you have sent the goods back to us, depending on whichever takes place first.

You must return or transfer the goods to us immediately and in any case within fourteen days of the day on which you have notified us of the cancellation of this contract. To comply with the period of revocation, the goods must be dispatched before the end of the period of revocation of fourteen days.

You have to bear the direct costs of returning the goods.

You are only responsible for covering any loss in value of the goods if this loss in value is based on unnecessary handling of the goods in order to inspect the characteristics, properties and function of the goods.

 

 

Sample form for the announcement of revocation
(If you would like to revoke this contract, please fill in the sample form below and send it back to us.)

To
WeightWorks GmbH
Kaltbrunner Str. 24
78476 Allensbach
Phone: +49 (0) 7533 / 992900-0
E-mail: i n f o [at] w e i g h t w o r k s . d e

 

 

I/We (*) hereby revoke the concluded contract regarding the following bought goods / bought services (*)

 

______________________________________________________

______________________________________________________

Ordered on (*)__________ / received on (*)______________

Consumer name

_____________________________________

Consumer address

____________________________________

Consumer signature (only if submitted on paper)

_______________________________________

Date

_________________________________

(*) Please delete where inapplicable

 

§3 Prices and terms of payment / shipping costs

  1. All prices are final prices in EURO. Prices include the legal value added tax.
  2. The arising shipping costs are not included in the purchase price, they are based on the shipping information indicated in the respective offer and have to be paid additionally by the purchaser, unless the order is expressly offered shipping free by WEIGHTWORKS. The customer is informed, that a special shipping guideline apply for the shipment or return shipment of Lithium batteries.
  3. For deliveries within Germany, WEIGHTWORKS offers the following payment options, as far as not indicated otherwise in the respective product presentation of the offer:
    Payment in advance by bank transfer
    PayPal
    Payment in cash upon pick-up of the purchased goods at the business location of WEIGHTWORKS
  4. In the case of deliveries to countries outside of the European Union, additional costs may apply in some cases, for which WEIGHTWORKS is not responsible and which are to be covered by the customer. These include for example costs for the money transfer of credit institution (e.g. transaction fees, exchange rate fees) as well as legal import duties or taxes (e.g. tariffs).

 

§4 Costs of returning in case of revocation

If the purchaser enjoys a right of revocation and makes use of it, the purchaser has to bear the direct costs of returning the goods.

 

§5 Reservation of ownership

The goods delivered by WEIGHTWORKS remain property of WEIGHTWORKS until full payment is received.

 

§6 Material defect and liability

  1. If defects have been identified, the customer is entitled to the legal warranty rights in accordance with the provisions mentioned below. If the contract only involves merchants, the provisions of the German Commercial Code (§§ 377 ff. HGB) shall apply additionally.
  2. Customer claims for material defects will expire by limitation two years after delivery to the customer, if not agreed otherwise in the following paragraphs. However, if the customer is a legal entity under public law, a special fund under public law or a business owner who acts upon conclusion of the contract in the exercise of his commercial or independent professional activity, claims for material defects will expire by limitation one year after delivery of the object of purchase.
  3. In the case of used goods, customer claims for material defects will expire by limitation one year after delivery of the object of purchase. If the customer is a legal entity under public law, a special fund under public law, or a business owner who acts upon conclusion of the contract in the exercise of his commercial or independent professional activity, the liability for material defects is excluded.
  4. Furthermore, all claims for compensation by the customer on WEIGHTWORKS are excluded, regardless of the legal reasons, unless WEIGHTWORKS or the persons employed in the performance of contractual obligations have breached willingly or with gross negligence or with slight negligence fundamental contractual obligations. Fundamental contractual obligations are obligations that protect the contractor’s fundamental legal rights that are granted to the contractor under the contract with regard to its content and purpose. Also fundamental are such contractual obligations that need to be fulfilled in order for the contract to be properly performed and the observance of which the contracting party could rely.
  5. In the event of gross or slight negligent breach of fundamental contractual obligations, the amount of compensation shall be limited to the amount of the typical and foreseeable damage.
  6. Liability arising from culpable injury to life, body or health shall remain unaffected, this shall also apply to mandatory liability as provided for in the product liability law or in the event of an of assumption of a guarantee or if WEIGHTWORKS fraudulently conceals a defect.

 

§7 Delivery and shipping terms / shipping address

  1. The shipment of the goods will take place within 3 days after receipt of payment, if no other information is indicated in terms of the respective specific offer and the purchaser will not pick up the goods himself at the business location of WEIGHTWORKS.
  2. If the payment is made by the payment option “PayPal”, the delivery goes to the shipping address lodged with “PayPal”.
  3. In case of self pick-up, the customer will be informed via e-mail by WEIGHTWORKS when the ordered goods are ready for collection. After the reception of this e-mail, the customer can pick up the goods in consultation with WEIGHTWORKS. In this case, no shipping costs will be charged.
  4. The risk of accidental loss or deterioration of the goods passes to the customer upon delivery. If the customer is a business owner, the risk of accidental loss or accidental deterioration of the goods in the case of purchase to destination passes with the delivery of the goods to the forwarder, carrier or the person or organization charged with carriage of the goods.

 

§8 Protection of privacy

  1. Personal data will only be collected when the customer himself has provided these to WEIGHTWORKS for processing of the contract. All data will be saved and processed in compliance with the pertinent data protection laws. Personal data entered on this occasion will be used only for the processing of the contract and the inquiries of the customer.
  2. WEIGHTWORKS will not pass the personal data, including house address and e-mail address, on to third parties without the explicit permission of the customer, which can be revoked at any time. Excluded from this is the transmission of the data to the transport company charged with the delivery within the processing of the contract, as far as this is necessary for the delivery of the goods, as well as the credit institution responsible for the processing of the payment. In these cases, the scope of the transmitted data shall be restricted to the necessary minimum.
  3. After full implementation of the contract and complete purchase price payment, the customer’s data are stored with regard to tax and commercial storage periods, however, they will be deleted after expiry of these periods, unless the customer explicitly agreed with the further use of his data.
  4. The customer has at any time a right for free information, correction, blockage, and deletion of the stored data. The demand must be sent via mail, e-mail, or fax to:

WeightWorks GmbH
Kaltbrunner Str. 24
78476 Allensbach
Phone: +49 (0) 7533 / 992900-0
E-mail: i n f o [at] w e i g h t w o r k s . d e

 

§9 Note pursuant to battery law

The indications required according to § 18 of the German Battery Law (BattG) for batteries sold by mail order to end user will be attached in writing.

 

§10 Online dispute resolution

The European Commission provided in accordance with the EU directive No. 524/2013 an Online Dispute Resolution platform (ODR-platform) dedicated to resolve disputes of contractual obligations resulting from legal online transaction out-of-court. You can find the ODR-platform under the following link: http://ec.europa.eu/consumers/odr/