General Terms & Conditions & Terms of Use
Contractual conditions within the framework of purchase contracts concluded via the platform www.pilatesclub.de between EBL Media Production OG, Andreas-Hofer-Strasse 29 6020 Innsbruck, Austria - hereinafter "Provider" - and the users of this platform designated in § 2 of these GTC - hereinafter referred to as "Client/Customers" - be closed.
Here you can find our cancellation conditions. In short, you can cancel within 14 days without giving any reason and get back the amount you paid immediately.
§ 1 Scope of application, definitions
(1) For the business relationship between the supplier and the customer, the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Deviating terms and conditions of the customer are not recognized unless the supplier expressly agrees to their validity in writing.
(2) The sale of digital products is subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular licensing agreements attached to the digital products. In case of doubt, only private and commercial use is granted without the right to resell or sublicense.
§ 2 Conclusion of contract
(1) The Customer can select products from the Provider's assortment and collect them in a so-called shopping cart via the "Add to cart" button. Via the button "Buy now" he submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(2) The provider then sends the customer an automatic confirmation of receipt with the subject "Confirmation of your order with Einfach besser leben" by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function.
The order of the customer (1) represents the offer to conclude the contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. In this the content of the order is summarized. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of order, GTC and order confirmation) will be sent by us to the customer on a durable medium (e-mail or paper printout).
The text of the contract is stored in compliance with data protection.
(3) The contract is concluded in the languages: German.
§ 3 Delivery, availability of goods, payment modalities
(1) Delivery times stated by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), provided prior payment of the purchase price.
(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this without delay. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
(3) The customer can make the payment by prepayment, PayPal, PayPal Checkout, credit card (Stripe), SOFORT. (4) The payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline.
§ 4 Retention of title
Until full payment of the purchase price, the delivered goods remain the property of the supplier.
§ 5 Prices and shipping costs
(1) All prices stated on the website of the provider are inclusive of the applicable statutory value added tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of any right of withdrawal.
(3) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
§ 6 Warranty for material defects
(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
§ 7 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
§ 8 Final provisions
(1) Contracts between the provider and the customers shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.
Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can access at https://ec.europa.eu/consumers/odr you will find. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.