General terms and conditions of business
General terms and conditions of business
1. Scope
The following general terms and conditions apply to all contracts concluded between the seller "GYMTASTIC", (hereinafter referred to as the "Seller") and consumers or entrepreneurs (hereinafter referred to as the "Buyer") on the website https://highlash.com regarding the information presented by the Seller Goods in the version valid at the time of the order.
A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
These general terms and conditions apply to entrepreneurs, even without separate inclusion, for all current and future contracts, deliveries and other services of the seller.
Conditions of the entrepreneur that conflict with or deviate from these general terms and conditions are hereby contradicted and are only deemed to be agreed between the seller and the entrepreneur if the seller expressly agrees to their validity in writing.
2. Conclusion of contract
2.1 The essential characteristics of the goods offered by the seller as well as the period of validity of limited offers can be found in the individual product descriptions on https://gymtastic.de/ .
2.2 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.
2.3 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process.
2.4 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing their order.
If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller will not make the contract text available beyond this.
2.6 Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.
2.7 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
2.8 Technical steps of the ordering process
When ordering via the seller's online shop, the ordering process includes the following technical steps. First, the buyer selects the desired product by clicking the “Add to cart” button. The buyer will then be shown the products in the shopping cart. The products in the shopping cart can be deleted again by clicking the “remove” button. By clicking on the “+” and “-” buttons, the buyer has the opportunity to change the number of selected products. In order to complete the order, it is necessary that the buyer has confirmed the seller's terms and conditions and has taken note of the cancellation policy by ticking the boxes provided. By clicking on the “checkout” button, the buyer goes to the next step in the ordering process “customer information”. After the buyer has entered his name, address including billing address and, if necessary, a different delivery address, as well as his email address in the fields provided, he will go to the next step of the ordering process “Shipping” by clicking on the “Continue to shipping method” button. Only free standard shipping can be selected here. By clicking on the “Continue to payment method” button, the buyer goes to the next step in the ordering process, “Payment”. After the buyer has decided on a payment method offered by the seller, namely “Credit Card”, “Paypal”, “Sofort”, “Invoice with Klarna” or “Instalment purchase with Klarna”, and has selected this accordingly, he clicks on the “ Review Order” on the “Review Order” order summary page. On the order overview page, the buyer has the opportunity to check the data required for the order, the chosen payment method and the selected products before completing the order by clicking the “Buy Now” button.
If the payment method “Paypal” is selected, the buyer goes to the Paypal website by clicking on the “Buy Now” button and, after entering their registration details and completing the payment process, is automatically redirected to the order overview page of the seller’s online shop.
2.9 Cancellation is not possible after the order has been submitted. However, the buyer has the right to withdraw (see General Terms and Conditions 5.) 3. Contract language
The contract language is exclusively german.
4. Storage of the contract text
The contract text is saved by the seller and made available to the buyer by the seller before completing his order and sent again by email after the contract has been concluded. The terms and conditions can be viewed and downloaded by the buyer at any time on this page. The buyer can view past orders in his customer account.
5. Right of withdrawal
5.1 Consumers have the statutory right of cancellation in accordance with the seller's cancellation policy. In the event of a cancellation, a processing fee of €3.90 is due, which must be paid by the buyer. The amount will be deducted from the refunded purchase price. Further information on applicable fees can be found in the cancellation instructions.
5.2 The right of withdrawal does not apply to distance selling contracts for the delivery of sealed goods that are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery.
6. Prices and payment options
6.1 The prices quoted by the seller include the applicable statutory VAT and are final prices plus any additional shipping costs that may apply. The costs for packaging and shipping are shown separately on the “Delivery and payment conditions” website.
6.2 The following payment options are available to the buyer in the seller's online shop:
a) PayPal
If the buyer chooses the PayPal payment method, the buyer pays the purchase price via the payment service provider PayPal (Europe) S.à rl et SCA, 22-24 Boulevard Royal, L-2449 Luxembourg.
If the buyer already has a PayPal account with PayPal, the buyer will be redirected to PayPal and, after entering their access data for the buyer's PayPal account, must confirm the payment instructions to the seller. PayPal's corresponding terms of use can be viewed at the following link: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
If the buyer does not have a PayPal account, the payment can be made after being forwarded to PayPal using the “Payments without a PayPal account” function. The corresponding terms of use for payments without a PayPal account can be viewed at the following link: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
b) Credit card
If the buyer chooses credit card payment methods, the purchase price will be reserved on your credit card at the time of ordering (“authorization”). The actual debiting of the buyer's credit card account occurs at the time the seller ships the goods to the buyer.
c) Klarna purchase on account & installment purchase and immediate transfer
If the buyer chooses the payment methods prepayment Klarna purchase on account & installment purchase and immediate bank transfer, the buyer pays the purchase price via the payment service provider Klarna Bank AB, Sveavägen 46, 111 34 Stockholm. Payment is made to Klarna:
- Invoice: The payment deadline is 14 days from the dispatch of the goods/ticket/or, for other services, from the provision of the service. The invoice terms and conditions for purchases on account for deliveries to Germany can be found here and for deliveries to Austria here .
- Installment purchase (only available in Germany): With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least EUR 6.95) or under the conditions otherwise stated in the checkout. The installment payment is due at the end of the month after Klarna sends a monthly invoice. Further information on hire purchase including the general terms and conditions and the European standard information for consumer credit can be found here .
- Instant bank transfer: All you need is IBAN, BIC, PIN and TAN. Sofortüberweisung automatically sets up a transfer in your online bank account in real time using Klarna Bank AB’s secure payment form, which is not accessible to merchants. The purchase amount is transferred immediately and directly to the retailer's bank account. If you choose the payment method Sofortüberweisung, a pre-filled form opens at the end of the ordering process. This already contains our bank account. In addition, the transfer amount and the intended use are already displayed in the form. You now have to select the country where you have your online banking account and enter the BIC. Then enter the same data as when you registered for online banking (IBAN and PIN). Confirm your order by entering the TAN. Right after you receive confirmation of receipt. In principle, every internet user can use instant transfer as a payment method if they have an activated online banking account with a PIN/TAN procedure. Please note that instant transfer is not yet available at a few banks. You can find out more about whether your bank supports this service here .
The use of the payment methods prepayment Klarna invoice purchase & installment purchase and immediate transfer requires a positive credit check. Therefore, as part of the purchase initiation and processing of the purchase contract, we forward your data to Klarna for the purpose of address and creditworthiness checks. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use for Germany can be found here and for Austria here . General information about Klarna can be found here . Your personal information will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations for Germany and Austria .
7. Delivery and shipping conditions
7.1 Unless otherwise agreed, the goods will be delivered by shipping to the delivery address specified by the buyer in the ordering process.
7.2 The goods are delivered at the shipping costs and delivery times stated on the “Delivery and Payment Conditions” website and in the product description.
7.3 Any customs duties or local taxes must be borne by the buyer.
8. Retention of title
The goods remain the property of the seller until full payment has been made.
9. Warranty
The warranty is based on the legal provisions.
10. Transport damage
If goods are delivered with obvious transport damage, the buyer is asked to complain to the delivery person immediately and to inform the seller of this. If the buyer fails to make a complaint or contact us, this has no effect on the existence of the statutory warranty rights.
11. Liability
The seller excludes liability for slightly negligent breaches of duty, unless these relate to damages resulting from injury to life, body or health or guarantees or claims due to fraudulent misconduct or are relevant under the Product Liability Act. Liability for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the buyer can regularly rely, remains unaffected. The same applies to breaches of duty by the seller's legal representatives or vicarious agents.
12. Information on online dispute resolution
The EU Commission provides an Internet platform for online dispute resolution (so-called “OS platform”), which can be accessed at http://ec.europa.eu/consumers/odr/ .
The seller is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
13. Codes of Conduct
The seller has not subjected himself to a special code of conduct.
14 Customer Service
The seller does not offer any customer service beyond the processing of statutory warranty claims.
15. Final provisions
15.1 If a provision of these General Terms and Conditions is invalid, the rest of the contract remains valid. The relevant statutory provisions apply in place of the invalid provision.
15.2
If the buyer is an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If the buyer is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the seller and the buyer is the seller's place of business.
16. Influencer program
By registering in our influencer program, the registered person commits to a cooperation, which consists of product placement on Instagram in the form of two Instagram stories with five sequences each and an Instagram feed post.
The registered person must carry out this cooperation within 21 days of receiving the products.
If the cooperation is not carried out as agreed or not carried out at all, the GYMTASTIC company reserves the right to invoice the registered person for the products in full.
17. Final provisions
17.1 If a provision of these General Terms and Conditions is ineffective, the rest of the contract remains valid. The relevant statutory provisions apply in place of the invalid provision.
17.2
If the buyer is an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If the buyer is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the seller and the buyer is the seller's place of business.
18. Money Back Guarantee
The money-back guarantee is possible within 7 days and applies to the massage gun. We have absolute confidence in our products, which is why we offer a 100% satisfaction or money back guarantee. In the unlikely event that you are dissatisfied with your GYMTASTIC® products and would like to qualify for our money-back guarantee, please contact our customer service team with your concerns. After verification, your refund will be processed. You have 7 days from the date of purchase to claim the money back guarantee. With a money-back guarantee, the buyer is responsible for the insured return shipping and the seller's shipping costs already incurred.