General terms and conditions and customer information
I. General terms and conditions
§ 1 Basic Provisions (1) The following terms and conditions apply to all contracts that you conclude with us as a supplier (MTM Personal Training GmbH) via the www.mtmgym.de website. Unless otherwise agreed, the inclusion of your own conditions that may have been used by you is contradicted. (2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. Entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity. § 2 Conclusion of the contract (1) The subject of the contract is the sale of goods. (2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract under the conditions specified in the item description. (3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to call up the “shopping cart” and make changes there at any time. After calling up the “Checkout” page and entering your personal data as well as the payment and shipping conditions, all of the order data will then be displayed again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or you will first be taken to the website of the provider of the instant payment system forwarded. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. You will then be redirected back to our online shop on the order overview page. Before submitting the order, you have the option here to check all the details again, to change them (also via the “back” function of the Internet browser) or to cancel the purchase. By submitting the order using the “order with obligation to pay” button, you declare legally binding acceptance of the offer, whereby the contract is concluded. (4) Your inquiries to prepare an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days. (5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters. § 3 Special agreements on the payment methods offered (1) Payment by invoice and financing via Klarna Germany In cooperation with Klarna (http://www.klarna.com/) we offer you purchase on account and installment purchase as a payment option. Please note that Klarna invoice and Klarna installment purchase are only available for consumers and that payment must be made to Klarna. Klarna invoice When buying on account with Klarna, you always get the goods first and you always have a payment period of 14 days. The full terms and conditions for purchase on account can be found here (https://cdn.klarna.com/1.0/shared/content/legal/terms//de_de/invoice?fee=0.00). Klarna installment purchase With Klarna’s financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least € 6.95). You can find more information on Klarna installment purchase including the general terms and conditions and the European standard information for consumer credits here (https://cdn.klarna.com/1.0/shared/content/legal/terms//de_de/account).
Data protection notice
Klarna checks and evaluates your data and, if there is a legitimate interest and reason, exchanges data with other companies and credit agencies. Your personal details will be treated in accordance with the applicable data protection regulations (https://cdn.klarna.com/1.0/shared/content/policy/data/de_de/data_protection.pdf) and according to the information in the Klarna data protection regulations. (2) Payment by invoice via Klarna Austria In cooperation with Klarna, we offer you purchase on account as a payment option. The payment term for Klarna invoice is 14 days from the invoice date. The invoice is issued when the goods are dispatched and sent either by e-mail or together with the goods. Payment is made to Klarna. Please note that Klarna invoice is only available for consumers. Further information and Klarna’s complete terms and conditions for purchase on account can be found here (https://cdn.klarna.com/1.0/shared/content/legal/terms//de_at/invoice?fee=0.00). Data protection notice Klarna checks and evaluates your data and, if there is a legitimate interest and reason, exchanges data with other companies and credit agencies. Your personal details will be treated in accordance with the applicable data protection regulations and in accordance with the information in Klarna’s data protection regulations (http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy). For more information about Klarna, visit www.klarna.at (http://www.klarna.at/). Klarna AB, company and corporate number: 556737-0431
(3) Payment via Klarna Checkout
In cooperation with Klarna we offer the following payment options. Payment is made to Klarna:
– Klarna invoice: Payable within 14 days of the invoice date. The invoice is issued when the goods are dispatched and sent by email. You can find the invoice conditions here (https://cdn.klarna.com/1.0/shared/content/legal/terms//de_de/invoice?fee=0). (https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0)
– Klarna installment purchase: With Klarna’s financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least 6.95 EUR). Further information on Klarna installment purchase including the general terms and conditions and the European standard information for consumer credits can be found here (https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account). – Instant bank transfer
– Credit card (Visa / Mastercard)
– Direct debit The payment options are offered as part of Klarna Checkout. You can find more information and the terms of use for Klarna Checkout here (https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/checkout). General information about Klarna is available here (https://www.klarna.com/de). Your personal details will be processed by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna’s data protection regulations (https://cdn.klarna.com/1.0/shared/content/policy/data/de_de/data_protection.pdf).
§ 4 right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The place of fulfillment for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
II. Customer information
1. Identity of the seller
MTM Personal Training GmbH Franklinstrasse 28-29 10587 Berlin Germany Email: info@mtmgym.de Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
2. Information on the formation of the contract The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After we have received the order, the order data, the information required by law for distance sales contracts and the general terms and conditions will be sent to you again by email.
3.3. For requests for offers outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Essential characteristics of the product or service The essential characteristics of the goods and / or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.
5.4. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise appointed to carry out the shipment. 7. Statutory warranty rights The liability for defects is based on the “Warranty” provision in our General Terms and Conditions (Part I). These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information about this at: https://www.haendlerbund.de/agb-service (https://www.haendlerbund.de/agb-service).
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.
last update: 09.02.2021