Terms and Conditions
Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) These terms and conditions apply to contracts that you conclude with us as the provider (360Grad Fitness) via the website https://360gradfitness.de/. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.
(2) A consumer, within the meaning of the following regulations, is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of Contract
(1) The subject of the contract is the sale of goods, including download products (digital content that is not delivered on a physical data carrier)..
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system 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 access the "shopping cart" via the corresponding button in the navigation bar 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, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the corresponding selection or entry of your data there. Finally, on the website of the instant payment system provider or after you have been redirected back to our online shop, the order data will be displayed as an order overview.
Before submitting the order, you have the opportunity to review the information in the order overview, change it (also using the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button ("buy" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
(4) Your inquiries for the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g., by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place partly automatically by e-mail. You must therefore ensure that the e-mail address stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Usage License for Download Products
(1) The download products offered are protected by copyright. For every download product purchased from us, you receive a simple usage license, unless otherwise specified in the respective offer.
(2) The simple usage license includes permission to save and/or print one copy of the download product for your personal use on your computer or other electronic device.
Any further copy is prohibited. You are expressly forbidden to change or edit a file or parts thereof and to make it available to third parties, privately or commercially, in any way.
§ 4 Conclusion of Contract for Courses
(1) The subject of the contract is the execution of courses.
By placing the respective course offer on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the respective course description.
(2) The contract is concluded via the online shopping cart system as follows:
The courses intended for booking are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment conditions, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the corresponding selection or entry of your data there. Finally, on the website of the instant payment system provider or after you have been redirected back to our online shop, the order data will be displayed as an order overview.
Before submitting the order, you have the opportunity to review the information in the order overview, change it (also using the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button, you legally declare your acceptance of the offer, thereby concluding the contract.
(3) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place partly automatically by e-mail. You must therefore ensure that the e-mail address stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 5 Service Provision for Courses
(1) The courses will be conducted in the manner described in the respective offers on the agreed dates.
(2) If the execution of the courses depends on the number of participants, the minimum number of participants results from the respective offer.
If the minimum number of participants is not reached, we will inform you at least 7 days before the start of the course in text form (e.g., by e-mail) about the cancellation of the booked course. Any services already rendered will be refunded immediately in this case.
(3) In the event of cancellation of a single event due to the short-term absence of the course instructor due to illness or other important reason, the services already rendered will be refunded immediately.
For events consisting of several dates, if a date is cancelled due to the short-term absence of the course instructor due to illness or other important reason, the cancelled date will be rescheduled for an alternative date.
(4) In connection with the use of course rooms and objects, you must comply with the house rules displayed locally. You must follow our instructions or the instructions of the course instructor.
§ 6 Special Agreements on Offered Payment Methods
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
- Invoice: The payment period is 14 days from the dispatch of the goods/ticket/or, for other services, the provision of the service. The complete invoice terms and conditions for the countries in which this payment method is available can be found here: Germany, Austria.
- Installment Purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments under the conditions specified at checkout. Installment payments are due at the end of the month after Klarna sends a monthly invoice. Further information on installment purchases, including the General Terms and Conditions and the European Standard Information for Consumer Credit for the countries in which this payment method is available, can be found here (only available in the specified countries): Germany, Austria.
- Instant Transfer: Available in Germany and Austria. Your account will be debited immediately after placing the order.
- Direct Debit: The debit will be made after the goods are shipped. The time will be communicated to you by e-mail.
- Credit Card (Visa/Mastercard): Available in Germany and Austria. The debit will be made after the goods or tickets are shipped/service availability or, in the case of a subscription, according to the communicated times.
The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit assessment during the initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.
Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with applicable data protection regulations and as stated in Klarna's privacy policy.
Further information about Klarna can be found here. The Klarna App can be found here.
(2) SEPA Direct Debit (Basic and/or Corporate Direct Debit)
For payment by SEPA basic direct debit or SEPA corporate direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The direct debit will be collected within 2-5 days after the conclusion of the contract.
The period for the transmission of the pre-notification is shortened to 5 days before the due date. You are obliged to ensure sufficient funds in the account on the due date. In the event of a chargeback due to your fault, you must bear the resulting bank fee.
§ 7 Right of Retention, Reservation 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 full payment of the purchase price.
(3) If you are an entrepreneur, the following also applies:
a) We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted before the transfer of ownership of the reserved goods.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims amounting to the invoice amount that accrue to you from the resale, and we accept the assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 8 Warranty
(1) Statutory liability for defects applies.
(2) As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) If you are an entrepreneur, notwithstanding the above warranty regulations, the following applies:
a) Only our own specifications and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions, and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by rectification or replacement delivery. If the rectification fails, you can, at your discretion, demand a reduction or withdraw from the contract. Rectification is deemed to have failed after the second unsuccessful attempt, unless something else arises from the nature of the item or the defect or other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, unless the move corresponds to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:
- for culpably caused damages attributable to us resulting from injury to life, limb, or health and for other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with defect rights.
§ 9 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, unless you are a consumer but a merchant, a legal person 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 domicile or habitual residence is unknown at the time the action is brought. The right to appeal to a court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
BL Moon Media GmbH
Bundesstrasse 5
6300 Zug
Switzerland
Represented by: Director Olga Driglova
Contact: support@360-grad-fitness.de
Tel.: +4930652120916
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the Contract" of our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by e-mail.
3.3. For inquiries 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 e-mail, which you can print or save electronically.
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices quoted in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.
6.2. No shipping costs apply.
6.3. Any costs incurred for money transfers (bank transfer or exchange rate fees of credit institutions) must be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.
6.4. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
6.5. Unless otherwise specified for individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6.6. Unless otherwise agreed, payment for courses booked must be made on site at the latest on the course date before the start of the course, otherwise there is no right to participate.
7. Delivery Conditions, Provision
7.1. The delivery conditions, the delivery date, and any existing delivery restrictions, as well as the conditions for the provision of digital content, can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon delivery of the goods, 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 another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
8. Statutory Liability for Defects
Liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the IT law specialists of Händlerbund and are constantly checked for legal compliance.