General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (360GradFitness) via the website https://360gradfitness.de/. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby excluded.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the 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 you intend to buy are placed in the "shopping cart". You can access the "shopping cart" and make changes there at any time using the corresponding button in the navigation bar.
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 your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you can make the appropriate selections or enter your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to check the details in the order overview again, to change them (also via the "back" function of the Internet browser) or to cancel the order.
By submitting the order via the corresponding button ("buy" or similar term), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for a quote are non-binding. We will provide you with a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 License for download products
(1) The download products offered are protected by copyright. You will receive a simple license for use for each download product purchased from us, unless otherwise stated in the respective offer.
(2) The simple usage license includes the permission to save and/or print a copy of the download product on your computer or other electronic device for your personal use.
You are prohibited from making any further copies. You are expressly prohibited from changing or editing a file or parts thereof and making it available to third parties in any way, privately or commercially.
§ 4 Conclusion of the contract for courses
(1) The subject of the contract is the conduct of courses.
By placing the respective course offer on our website, we are making 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 you intend to book are placed in the "shopping cart". You can access the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time. After you have accessed the "Checkout" page and entered your personal data and payment terms, the order data will be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to check the details in the order overview again, to change them (also via the "back" function of the Internet browser) or to cancel the order.
By submitting the order via the corresponding button , you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 5 Provision of services for courses
(1) The courses will be held in the form described in the respective offers on the agreed dates.
(2) To the extent that the implementation of the courses depends on the number of participants, the minimum number of participants shall be determined from the respective offer.
If the minimum number of participants is not reached, we will inform you in writing (e.g. by email) at least 7 days before the start of the course that the booked course will not take place. In this case, any services already provided will be refunded immediately.
(3) If an individual event is cancelled due to the course instructor’s short-term absence due to illness or other important reason, the services already provided will be refunded immediately.
For events consisting of several event dates, if an appointment is cancelled due to the course instructor's short-term absence due to illness or other important reason, the cancelled appointment 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 posted locally. You must follow our instructions or the instructions of the course instructor.
§ 6 Special agreements on payment methods offered
(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 always made to Klarna:
- Invoice: The payment period is 14 days from dispatch of the goods/ticket/or, in the case of other services, from 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 in the checkout. The installment payment is due at the end of each month after Klarna sends you a monthly invoice. Further information on installment purchase, 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 countries specified): Germany , Austria .
- Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after you place your order.
- Direct debit: The debit will be made after the goods have been dispatched. You will be informed of the time by email.
- Credit card (Visa/Mastercard): Available in Germany and Austria. The debit will be made after the goods or tickets have been dispatched / the service is available 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 as part of the purchase initiation and processing of the purchase contract for the purpose of address and credit checks. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.
You can find further information and Klarna's terms of use here . You can find general information about Klarna here . Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy .
You can find more information about Klarna here . You can find the Klarna app here .
(2) SEPA direct debit (basic and/or business direct debit)
When paying by SEPA direct debit or SEPA business 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 contract has been concluded.
The deadline for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that there are sufficient funds in the account on the due date. In the event of a direct debit being returned due to your fault, you will be responsible for the bank fee incurred.
§ 7 Right of retention , retention of title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following applies in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to transfer of title to the reserved goods, pledging or transfer of ownership as security is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale, and we accept the assignment. You are also 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) If the reserved goods are combined or mixed, 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 to which we are entitled at your request to the extent that the realisable 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) The statutory liability for defects applies.
(2) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to report any complaints to us and the carrier as soon as possible. If you do not do this, this will have no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following applies, deviating from the above warranty provisions:
a) Only our own information and the manufacturer's product description are deemed to be agreed upon as the quality of the item, but not other advertising, public praise and statements by the manufacturer.
b) In the event of defects, we will provide warranty at our discretion by repair or replacement. If the remedy of the defect fails, you can demand a reduction in price or withdraw from the contract at your discretion. The remedy of the defect is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or other circumstances. In the event of repair, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- damages caused by our negligence resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;
- if we have fraudulently concealed the defect or have provided a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their usual purpose and have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
§ 9 Choice of law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided that 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 right to also bring the case before a court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
Niquea Ltd
Address:
RM 1120, 11/F., OCEAN CENTRE,
HARBOUR CITY, TSIM SHA TSUI
Hong Kong
Email: info@360-grad-fitness.de
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, contract text storage
3.1 The contract language is German.
3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. 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 email.
3.3. If you request a quote 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.
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 and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.
6.2. There are no shipping costs.
6.3. Any costs incurred in transferring money (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where the delivery takes place in an EU member state but the payment was made outside the European Union.
6.4 The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.
6.5 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6.6 Unless otherwise agreed, when booking courses, payment must be made on site before the start of the course at the latest, otherwise there is no entitlement to participation.
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 labelled button on our website or in the respective offer.
7.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, 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 shipping are at your risk.
8. Statutory liability for defects
Liability for defects is governed by 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.