Terms
General terms and conditions and customer information
I. General Terms and Conditions of Business
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts which you conclude with us as a provider (Pakama Athletics GmbH) via the internet site pakama-athletics.com/. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is contradicted.
(2) Consumer in the sense of the following regulations is every natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed 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 his independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) Subject of the contract is the sale of goods .
(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a contract 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, all order data is finally displayed again on the order overview page.
If you are using an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort), you will either be taken to the order overview page in our online store or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective Sofortzahl system, please make the appropriate selection or enter your data there. Finally, you will be redirected back to the order overview page in our online store.
Before submitting your order, you have the opportunity to check all details again, to change them (also using the "back" function of your internet browser) or to cancel the purchase.
By sending the order via the button "pay order" you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
Legal background:
When using an instant payment method, payment is requested during the ordering process or shortly after ordering.
Therefore, when using instant payment methods in the online store,
the customer's order
must already
lead to the conclusion of the contract without requiring a separate explicit acceptance of the contract. This in turn means that your offers in the online store must be binding. Otherwise, the customer would make advance payment without knowing whether the contract is actually accepted by you.
Please note:
The binding nature of the offer applies in accordance with the provision in § 2 of the GTC for all offers that are available via the shopping cart, even if the customer does not use an immediate payment method.
We have already
made
corresponding settings for you in the legal text editor for
the checked store. Please download the AGB/customer information again and set them in the store. Please remember to use the new version of the terms and conditions, which you send to the customer after ordering.
Please note further:
Now you only have to send the customer an e-mail immediately after ordering, confirming the order and the conclusion of the contract. To this e-mail you attach the GTC/customer information, the revocation instruction together with a sample revocation form and the imprint data. If you choose the pdf format for this purpose, a reference to a free pdf reader must be included in the e-mail.
You can find a corresponding sample here:
E-Mail after order - order confirmation - contract confirmation for immediate payment
§ 3 Conclusion of the contract for download products
(1) The subject of the contract is the sale of download products (digital content that is not delivered on a physical data carrier).
As soon as you place the respective download product on our website, we will submit a binding offer to conclude a contract under the conditions specified in the item description.
(2) The contract is concluded via the online shopping cart system as follows:
The download products 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 and payment terms, all order data is displayed again on the order overview page.
If you are using an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort), you will either be taken to the order overview page in our online store or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective Sofortzahl system, please make the appropriate selection or enter your data there. Finally, you will be redirected back to the order overview page in our online store.
Before submitting your order, you have the opportunity to check all details again, to change them (also using the "back" function of your internet browser) or to cancel the purchase.
By sending the order via the button "pay order" you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(3) Your requests for quotations are not binding for you. We will submit a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 4 REVOCATION INSTRUCTION
If you are a consumer within the meaning of § 13 BGB, i.e. if you place the order for a purpose that cannot be attributed to your commercial or self-employed professional activity, the following cancellation policy applies:
(1) Right of revocationYou
may revoke your contractual statement within 14 days without stating reasons in writing (e.g. letter, fax, e-mail) or - if the goods have been delivered to you before the end of this period - also by returning the goods. Please send your goods to Optima Global GmbH, An der Hiltroper Kirche 24-28, 44805 Bochum, Germany.
The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) or before conclusion of the contract (in case of provision of services) and also not before we have fulfilled our duty to inform in accordance with Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 EGBGB as well as our obligations under § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period. The revocation is to be addressed to: Pakama Athletics GmbH, Erftstraße 15, 40219 Düsseldorf, Germany, e-mail: coach@pakama-athletics.com
(2) Consequences of revocationIn
the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return or surrender the received services and benefits (e.g. advantages of use) or only partially or in a deteriorated condition, you must compensate us for lost value. In the case of the provision of services, this may mean that you must nevertheless fulfil the contractual payment obligations for the period until the revocation. For the deterioration of the goods and for any use made of them, you only have to pay compensation if the use or deterioration is due to handling of the goods that goes beyond the examination of the properties and functionality. By "examination of the characteristics and the function mode" one understands testing and trying out the respective commodity, as it is possible and usual for instance in the Ladengeschäft, without thereby traces of use develop. Items that can be shipped as a parcel are to be returned at our risk. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
§ 5 Return shipment / Take-back
(1) If the goods are returned in accordance with our cancellation policy (§ 4), the conditions for return shipment contained therein shall apply.
(2) The customer shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods. Otherwise Pakama Athletics GmbH will bear the costs of the return shipment.
(3) Please send your goods to Optima Global GmbH, An der Hiltroper Kirche 24-28, 44805 Bochum, Germany.
§ 6 License for Download Products
(1) The offered download products are protected by copyright. You will receive a simple user license for each download product purchased from us, unless otherwise stated in the respective offer.
(2) The simple user license includes the permission to save and/or print a copy of the download product for your personal use on your computer or other electronic device.
Any further copy is prohibited. You are expressly prohibited from modifying or editing a file or any part of it and from making it available in any way to third parties, either privately or commercially.
§ 7 Term of contract / cancellation for subscription contracts
(1) The subscription contract concluded between you and us has the agreed term. If the contract is not terminated by one of the parties in writing (e.g. by e-mail) 3 weeks before the end of the contract (unless a different period is specified in the respective offer), it shall be tacitly extended by the agreed basic term in each case. If the basic term is more than one year, however, the contract shall only be extended by one year.
(2) The right of termination without notice for good cause shall remain unaffected.
§ 8 Conclusion of the contract for courses
(1) The subject of the contract is the execution of courses.
As soon as the respective course offer is posted on our website, we submit a binding offer to conclude a contract 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 and payment terms, all order data is displayed again on the order overview page.
If you are using an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort), you will either be taken to the order overview page in our online store or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective Sofortzahl system, please make the appropriate selection or enter your data there. Finally, you will be redirected back to the order overview page in our online store. Before submitting the order, you have the possibility to check all details again, to change them (also by using the "back" function of your internet browser) or to cancel the order.
By sending the order via the corresponding button you declare the acceptance of the offer in a legally binding manner, 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 e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
§ 9 Service provision for courses
(1) The courses in the form described in the respective offers are held on the agreed dates.
(2) Insofar as the implementation of the courses is dependent on the number of participants, the minimum number of participants is determined by the respective offer.
If the minimum number of participants is not reached, we will inform you in writing (e.g. by e-mail) no later than 7 days before the start of the course that the booked course will not take place. Any services already rendered will be refunded immediately in this case.
(3) In the event of cancellation of an individual event due to the short-term absence of the course instructor due to illness or other important reason, any services already rendered will be refunded immediately.
In the case of events consisting of several dates, if one date is cancelled due to the short-term absence of the course instructor due to illness or for other important reasons, the cancelled date will be made up on an alternative date.
(4) In connection with the use of course rooms and objects, you must comply with the local house rules. You must follow our instructions or the instructions of the course instructor.
§ 10 Special agreements on offered payment methods
(1) Payment by invoice via Klarna GermanyIn
cooperation with Klarna we offer you the purchase on account as a payment option. The payment period is 14 days from the date of invoice. The invoice is issued when the goods are shipped and is either sent by e-mail or together with the goods. The payment is made to Klarna. Please note that Klarna invoice is only available for consumers. The complete terms and conditions for purchase on account can be found here.
Klarna checks and evaluates your data and if there is a legitimate interest and reason, Klarna will exchange data with other companies and credit agencies. Your personal data will be processed in accordance with the applicable
data protection regulations and in accordance with the information in Klarna's data protection regulations.
§ 11 Right of retention, reservation of title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 12 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) As a consumer, you are requested 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. If you fail to do so, this will not affect your statutory warranty claims.
§ 13 Choice of law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relations existing with us as well as the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or usual abode is unknown at the time the action is filed. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. customer information
1. identity of the seller
Pakama Athletics GmbH,
Erftstraße 15
40219 Düsseldorf
Germany
E-Mail: coach@pakama.com
Alternative Dispute Resolution:
The European Commission provides a platform for extrajudicial online dispute resolution (OS Platform), available at https://ec.europa.eu/odr.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 Contract language is German .
3.2 The complete contract text will not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in text form, e.g. by e-mail, which you can print out or save electronically.
4. codes of conduct
4.1 We have subjected ourselves to the buyer seal quality criteria of the Händlerbund Management AG and thus to the Ecommerce Europe Trustmark Code of Conduct, available at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/
5. essential characteristics of the goods or services
The essential characteristics of the goods and/or services are to be found in the respective offer.
6. prices and terms of payment
6.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly marked button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees of credit institutions), which are to be borne by you.
6.4 Any costs incurred by the money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was arranged outside the European Union.
6.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6.7 Unless otherwise agreed upon, payment for booked courses must be made at the latest on the course date on site before the course begins, otherwise there is no claim to participation.
7. terms of delivery
7.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.
7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred 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.
8. legal liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions of Business (Part I).
9. contract period / termination
Information on the term of the contract as well as the cancellation conditions can be found in the regulation "Contract term / cancellation for subscription contracts" in our General Terms and Conditions (Part I), as well as in the respective offer.
These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund specializing in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.
last update: 19.11.2019
