General Terms and Conditions of Panda Fitness GmbH, Burgstr. 33, D-61440 Oberursel (Taunus)

§ 1 Scope of Application

These General Terms and Conditions (GTC) apply to all orders placed by consumers and entrepreneurs through our online shop. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional in nature. An entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

With respect to entrepreneurs, these GTC shall also apply to future business relationships without our needing to refer to them again. Deviating or supplementary general terms and conditions of the entrepreneur shall not become part of the contract unless we expressly agree to their applicability in writing.

§ 2 Conclusion of Contract

The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. By clicking the button "Buy" or "Order with obligation to pay", you submit a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order is sent immediately after submission of the order by automated e-mail. This confirmation of receipt does not yet constitute acceptance of the offer.

The purchase contract is concluded when we dispatch the ordered goods to you and confirm the dispatch with a second e-mail (dispatch confirmation). We are entitled to accept the contractual acceptance contained in the order within five working days of receipt of the order.

§ 3 Products and Product Information

The representations and descriptions of products in the online shop serve for information purposes and for the most accurate depiction of the products possible. Colour deviations on screen compared to the original goods may be due to technical reasons and do not constitute a defect. The product description shall be authoritative with regard to the characteristics of the goods.

§ 4 Delivery

Delivery is made within Germany and to the countries listed on the shipping page. Unless otherwise stated in the product description, the delivery period within Germany is two to five working days after conclusion of the contract (in the case of agreed advance payment, after the time of your payment instruction). Deliveries to EU countries outside Germany may take two to seven working days longer. Saturdays, Sundays, and public holidays are not considered working days.

If not all ordered products are in stock at the time of the order, we reserve the right to make partial deliveries at our own expense.

§ 5 Prices and Payment

All prices in the online shop are final prices and include the statutory value added tax. Any additional delivery and shipping costs are stated separately in the respective product description and during the ordering process.

Payment is made via the payment methods offered during the ordering process. The invoice amount is due immediately upon conclusion of the contract in the case of advance payment, and in the case of other payment methods in accordance with the respective payment terms.

If the customer defaults on payment, the seller is entitled to demand default interest at a rate of 5 percentage points above the base interest rate. With respect to entrepreneurs, the default interest rate is 9 percentage points above the base interest rate.

§ 6 Right of Withdrawal

Consumers are entitled to a statutory right of withdrawal. Details regarding the right of withdrawal are set out in the withdrawal policy presented on our "Right of Withdrawal" page. The right of withdrawal does not apply to contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery. Consumers may also declare their withdrawal through the withdrawal function provided on our website ("Withdraw from your contract").

§ 7 Retention of Title

The delivered goods shall remain the property of the seller until full payment of the purchase price has been made. Prior to the transfer of ownership, pledging, transfer of ownership by way of security, processing, or transformation without our consent is not permitted.

§ 8 Damage in Transit

If goods are delivered with obvious damage caused in transit, please report such defects to the carrier as promptly as possible and contact us without delay. Failure to make a complaint or to contact us shall have no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you will assist us in asserting our own claims against the carrier or the transport insurer.

§ 9 Warranty and Guarantees

The statutory law on liability for defects shall apply. Information regarding any additional guarantees and their precise conditions can be found with the respective product and on dedicated information pages in the online shop. In the case of used goods, the warranty period is one year from delivery of the goods, provided the purchaser is a consumer.

§ 10 Liability

For claims arising from damages caused by us, our legal representatives, or vicarious agents, we shall be liable without limitation in cases of intent or gross negligence, in cases of culpable injury to life, body, or health, on the basis of a guarantee undertaking (to the extent agreed), and on the basis of mandatory statutory liability (e.g. under the Product Liability Act).

In the event of a breach of material contractual obligations — the fulfilment of which is essential to the proper performance of the contract and upon the observance of which the contractual partner may regularly rely (cardinal obligations) — caused by slight negligence, liability shall be limited in amount to the foreseeable, contract-typical damage at the time of conclusion of the contract. Any further claims for damages shall be excluded.

§ 11 Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. Our e-mail address can be found in our legal notice (Impressum). We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 12 Final Provisions

The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers, this choice of law shall apply only to the extent that the protection afforded is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

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 shall be the registered seat of the provider.

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall not be affected.

§ 13 Customer Service

For questions, complaints, and objections, you may reach our customer service by e-mail at shop@panda-fitness.de or by post at:

Panda Fitness GmbH
Burgstr. 33
D-61440 Oberursel (Taunus)