1. jurisdiction
2. offers and descriptions of services
3. order process and conclusion of contract
4. prices and shipping costs
5. service delivery, product availability
6. payment terms
7. reservation of ownership
8. warranty for material defects and guarantee
9. liability
10. storage of the contract text
11. final clauses
1. jurisdiction
For the business relationship between Astrid Stienen, Postropsweg 22, 52134 Herzogenrath, (hereinafter referred to as "Astrid Stienen") and the athlete (hereinafter referred to as "athlete"), the following General Terms and Conditions shall apply in the version valid at the time of the order.
You can reach Astrid Stienen for questions, suggestions and complaints under the phone number +49 (0) 172 274 2268 as well as by e-mail under info@triworx-coaching.com
A consumer in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
Any deviating terms and conditions of the athlete shall not be recognized unless Astrid Stienen expressly agrees to their validity.
2. offers and descriptions of services
The presentation of the products in the online store does not represent a legally binding offer, but an invitation to place an order. Performance descriptions on the websites of triworx-coaching.com do not have the character of an assurance or guarantee. All offers are valid "while stocks last", unless otherwise noted with the products. Errors and omissions excepted.
3. order process and conclusion of contract
The athlete can choose from the range of triworx-coaching.com Select products without obligation and collect them in a so-called shopping cart via the [Add to cart] button. Within the shopping cart, the product selection can be changed, e.g. deleted. Subsequently, the athlete can proceed within the shopping cart via the button [Continue to checkout] to complete the ordering process.
By clicking the [Order with costs] button, the athlete submits a binding request to purchase the products in the shopping cart. Before submitting the order, the athlete can change and view the data at any time and use the browser function "back" to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
Astrid Stienen shall then send the Athlete an automatic confirmation of receipt by e-mail, in which the Athlete's order is listed again and which the Athlete can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the Athlete's order has been received by Astrid Stienen and does not constitute acceptance of the application. The purchase contract is only concluded when Astrid Stienen provides the ordered product within 2 days or has confirmed the purchase within 2 days with a second e-mail, explicit order confirmation or sending of the invoice.
If Astrid Stienen allows payment in advance, the contract is concluded with the provision of the bank data and request for payment. If the payment has not been received by Astrid Stienen within 10 calendar days after sending the order confirmation, Astrid Stienen will withdraw from the contract with the consequence that the order is invalid and Astrid Stienen is not obliged to deliver. The order is then completed for the athlete and Astrid Stienen without further consequences. A reservation of the article in case of advance payment is therefore made for a maximum of 10 calendar days.
4. prices and shipping costs
All prices listed on the website triworx-coaching.com are inclusive of the applicable statutory value-added tax. Astrid Stienen reserves the right to adjust prices.
In addition to the stated prices, Astrid Stienen may charge shipping costs for delivery. The shipping costs will then be clearly communicated to the athlete on a separate information page and during the ordering process.
5. service delivery, product availability
If prepayment has been agreed, Astrid Stienen will provide the service after receipt of the invoice amount.
Upon completion of the order process on triworx-coaching.com and receipt of payment authorized by the athlete, the athlete agrees to the immediate provision of services by Astrid Stienen.
Should the provision of the product fail through the athlete's fault despite three attempts to provide the product, Astrid Stienen may withdraw from the contract. Any payments made shall be refunded to the athlete without delay.
If the ordered product is not available because Astrid Stienen is not provided with the product by its contractor or contractual partner through no fault of its own, Astrid Stienen may withdraw from the contract. In this case Astrid Stienen will inform the athlete immediately and, if necessary, suggest a comparable product. If no comparable product is available or if the athlete does not wish to receive a comparable product, Astrid Stienen shall immediately reimburse the athlete for any consideration already paid.
6. payment terms
The athlete can choose from the available payment methods as part of and before completing the order process. Athletes will be informed about the available means of payment on a separate information page.
If payment by invoice is possible, payment must be made within 14 days after receipt of the service and the invoice. For all other methods of payment, payment must be made in advance without deduction.
If third-party providers are commissioned with the payment processing, e.g. Paypal. their general terms and conditions apply.
If the due date for payment is determined by the calendar, the athlete is already in default by missing the deadline. In this case, the athlete must pay the statutory interest on arrears.
The athlete's obligation to pay default interest does not preclude Astrid Stienen from claiming further damages for default.
The athlete shall only have a right of set-off if his counterclaims have been legally established or acknowledged by Astrid Stienen. The athlete may only exercise a right of retention insofar as the claims result from the same contractual relationship.
7. reservation of ownership
Until full payment has been made, the products delivered or made available remain the property of Astrid Stienen.
8. warranty for material defects and guarantee
The warranty is determined according to legal regulations.
A guarantee exists for the products supplied or made available by Astrid Stienen only if this has been expressly given. Athletes will be informed about the warranty conditions before initiating the order process.
9. liability
The following exclusions and limitations of liability apply to Astrid Stienen's liability for damages, irrespective of the other legal requirements for claims.
Astrid Stienen shall be liable without limitation if the cause of damage is based on intent or gross negligence.
Furthermore, Astrid Stienen is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the athlete regularly relies. In this case, however, Astrid Stienen shall only be liable for the foreseeable damage typical for the contract. Astrid Stienen is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
As far as the liability of Astrid Stienen is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. storage of the contract text
The athlete can print out the text of the contract before submitting the order to Astrid Stienen by using the print function of his browser in the last step of the order.
Astrid Stienen will also send the athlete an order confirmation with all order data to the e-mail address provided by the athlete. Together with the order confirmation, the athlete will also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on the terms of delivery and provision and the terms of payment.
11. final clauses
Astrid Stienen reserves the right to change provisions of these terms and conditions at any time and without stating reasons. The main performance obligations to be fulfilled by the parties shall not be affected by these changes. The athlete shall be notified of the amended regulations at least two weeks before they come into force. If the athlete does not object to the validity of the new regulations within four weeks (after receipt of the above-mentioned notification), the amended conditions shall be deemed to have been accepted. Astrid Stienen will separately point out the significance of this period, the right to object and the legal consequences of silence.
The contractual language is German. This agreement shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction and fulfillment is - as far as this can be legally agreed - Aachen in Germany.
Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
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