Terms & Conditions
1.1. The following terms and conditions apply to all on the website (truefit-shop.com) of the company TrueFit-Shop, Managing Director: Simon Patz (hereinafter: TrueFit-Shop) concluded contracts with the customer (hereinafter: CUSTOMER). These terms and conditions also apply to all permanent or regularly recurring services provided by TrueFit-Shop.
1.2. Deviating General Terms and Conditions of the CUSTOMER does not recognize TrueFit-Shop, unless it has expressly agreed to them in writing.
1.3. A consumer within the meaning of the following rules is any natural person who concludes a legal transaction for purposes that can not be attributed to his commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.
2. Subject of the contract
2.1. The CUSTOMER has the opportunity to purchase different goods on the website. The subject of the contract is sporting goods, sportswear, seminars and coaching products. Our product presentations on the Internet are not binding and no binding offer to conclude a contract.
3. Conclusion of contract
3.1. Before goods can be purchased, a registration on the site is necessary, or an order via guest account. If the CUSTOMER incurs unpredictable costs as a result of incorrect information, the customer will assume these costs. The CUSTOMER is obliged to provide truthful information when registering and using the guest account. The acceptance of an online registration is at the discretion of the TrueFit-Shop. If a registration is not accepted by TrueFit-Shop, the CUSTOMER will be informed immediately.
As part of the purchase of goods, the CUSTOMER can select the desired services and products on the page and put them in the shopping cart. Via the corresponding button in the navigation bar, you can call up the “shopping cart” and make changes there at any time. After invoking the page “go to checkout” and entering the personal data as well as the payment and shipping conditions, all order data will be shown on the order summary page.
3.2. Before submitting the order, you have the opportunity to review all information here again, to change (also via the function “back” of the Internet browser) or cancel the purchase. By submitting the order via the button “buy now” you make a binding offer from us.
3.4. The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after ordering by confirmation in text form (for example e-mail), in which you the execution of the order or delivery of the goods is confirmed (order confirmation). If you have not received the appropriate message, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case.
3.5. TrueFit-Shop is allowed to carry out a credit check – within the framework of what is legally permissible and taking into account mutual interests worthy of protection. TrueFit-Shop reserves the right to exclude certain payment methods for initial and subsequent orders, depending on the credit check.
3.6. The goods remain our property until full payment of the purchase price.
3.7. The contract comes about with the company TrueFit-Shop, Managing Director: Simon Patz.
3.8. Contract language is English.
4. Contract Text Storage
The text of the contract is saved by TrueFit-Shop. The order data will be sent to the CUSTOMER separately in text form (e-mail). These terms and conditions can also be accessed and printed in the online portal at www.truefit-shop.com.
5. Obligations of the CUSTOMER in the case of continuing obligations
Insofar as the CUSTOMER enters into a continuing obligation with TrueFit-Shop, he is obliged to immediately inform TrueFit-Shop about changes to his delivery address (name, address), his e-mail address, telephone number or bank details in writing and to provide corrected information to deliver.
6. Right of withdrawal
CUSTOMERS, who are consumers, are entitled to a right of cancellation according to the distance selling provisions, according to which the contract declaration can be revoked according to the following instruction:
You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail). The period begins after receipt of this instruction in writing, but not before conclusion of the contract and not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To maintain the cancellation period, the timely dispatch of the revocation is sufficient.
The revocation must be sent to:
TrueFit-Shop Managing Director:
In the case of an effective revocation, the mutually received benefits and any benefits (eg interest) surrendered. If you can not give us or return the received performance as well as usages (eg use advantages) or only in a deteriorated condition, you have to pay us compensation. This may mean that you still have to fulfill the contractual payment obligations for the period until the revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the sending of your revocation, for us with their receipt. Special Notes: Your right of revocation expires prematurely, if the contract is completely fulfilled by both parties at your express request, before you have exercised your right of revocation. You bear the immediate costs of returning the goods / products. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
– End of revocation –
The right of revocation does not apply to goods / services which by their nature are not suitable for return or for goods / services that are made to customer specifications or clearly tailored to personal needs. Consequently, there is no right of revocation, provided that the goods / services are downloaded at the instigation of the customer. Accordingly, the right of withdrawal does not apply to the provision of digital goods (eg online seminars / coaching, streaming videos, nutrition and training plans) as these are non-refundable. A revocation is only possible as long as the contract is not completely fulfilled by both sides. The contract is deemed to be fulfilled once you have made the payment and product downloads have been completed or you have received e-mails with digital products (PDF files, video links, e-mail attachments). From this point on, no revocation is possible. A refund of the purchase price is then no longer possible as a result of the exercise of the right of withdrawal.
7.1. The prices valid on the day of purchase, as presented in the TrueFit-Shop online portal, apply.
7.2. All prices are in Euro and include VAT. For customers from non-EU countries and commercial customers from EU countries other than Germany, the prices displayed are net prices and do not include VAT.
8. Terms of payment
8.1. TrueFit-Shop accepts only the payment methods offered in the online portal during the ordering process. The CUSTOMER chooses the preferred payment method among the available payment methods.
8.2. Credit card statements are made by Paypal
9. Other terms of service
9.1. Periodic benefits begin, unless otherwise agreed with the CUSTOMER, from the date TrueFit-Shop receives payment (credit on TrueFit-Shop’s business account), but no later than three business days after receipt of payment, unless , in connection with the service, a shorter or longer service period is expressly indicated.
9.2. In case of delayed performance, TrueFit-Shop will inform the CUSTOMER immediately.
10.1. The claims of the CUSTOMER for damages or reimbursement of futile expenses against TrueFit-Shop shall be governed by these provisions irrespective of the legal nature of the claim.
10.2. The liability of TrueFit-Shop is – for whatever legal reasons – excluded, unless the cause of damage is based on intent and / or gross negligence of TrueFit-Shop, its employees, its representatives or its vicarious agents. Insofar as the liability of TrueFit-Shop is excluded or limited, this also applies to the personal liability of employees, representatives or vicarious agents of TrueFit-Shop.
10.3. For damages resulting from injury to life, limb or health due to willful, grossly negligent or negligent breach of duty by TrueFit-Shop or a legal representative or vicarious agent of TrueFit-Shop, TrueFit-Shop shall be liable in accordance with the statutory provisions.
10.4. Insofar as TrueFit-Shop at least negligently violates an essential contractual obligation, ie an obligation whose observance is of particular importance for the achievement of the purpose of the contract (essential contractual obligation or cardinal obligation), liability shall be limited to the typically occurring damage, ie to such damage Emergence under the contract typically must be calculated, limited. An essential contractual or cardinal obligation in the aforementioned sense is one whose fulfillment makes the proper execution of this contract possible in the first place and on the compliance of which the CUSTOMER can regularly trust and trust.
10.5. The CUSTOMER is responsible for insuring himself against accidents and injuries which may occur during the training. For seminars and coaching products, TrueFit-Shop accepts no liability for personal injury or property damage. The CUSTOMER assures to be fit for sport and to discuss any change of mood with the coaches during the seminars and coaching sessions. The execution of the shown exercises, training plans and nutritional plans are at your own risk and risk of the CUSTOMER.
11. Data storage and data protection
11.1. The CUSTOMER is aware and agrees that the personal data required to process the order will be stored by TrueFit-Shop on data carriers. The CUSTOMER expressly agrees to the collection, processing and use of his personal data for the purpose of contract execution. The stored personal data will of course be treated confidentially by TrueFit-Shop. The collection, processing and use of the personal data of the CUSTOMER takes place in compliance with the Federal Data Protection Act (BDSG), the Telemedia Act (TMG).
11.2. The CUSTOMER has the right to revoke his consent at any time with effect for the future. In this case, TrueFit-Shop is obliged to immediately delete or block the personal data of the CUSTOMER in accordance with the applicable data protection regulations. Canceled registrations will be deleted after the registration process is canceled.
12. Essential features of the product or service
12.1. The main features of the product and / or service can be found in the item description and the supplementary information on our website.
12.2. The prices quoted in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
12.3. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website, will be shown separately in the course of the ordering process and must be borne by you in addition, unless the delivery free of charge has been promised.
12.4. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective article description.
12.5. Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.
12.6. We often ship orders in more than one Packages. And the Packages can also come at different times.
13. Terms of delivery
13.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective item description.
13.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment will only be transferred to you upon transfer of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the entrepreneur or any other person designated to carry out the shipment.
14. Statutory warranty rights for goods
14.1. The legal regulations apply.
14.2. As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and damage in transit and to notify us and the forwarder of any complaints as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.
15. Final provisions
15.1. The law of the Federal Republic of Germany applies excluding the UN sales law.
15.2. For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence, is not withdrawn.
16. Conditions Version
Version 1.1 (17.09.2017)
Note on the online dispute settlement platform of the EU Commission acc. Article 14 (1) of EU Regulation No 524/2013 (ODR Regulation),
which is expected to be available from 15.02.2016 and can be accessed via the following link: http://ec.europa.eu/consumers/odr