General Terms and Conditions with Customer Information Table of Contents Scope of ApplicationConclusion of ContractRight of WithdrawalPrices and Payment ConditionsDelivery and Shipping ConditionsRetention of TitleLiability for Defects (Warranty)Redemption of Promotional VouchersApplicable LawPlace of JurisdictionAlternative Dispute Resolution 1) Scope of Application 1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Energy Fitness Hutthurm UG (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed. 1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless expressly provided otherwise. 1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these terms and conditions 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. 1.4 Energy Fitness Hutthurm UG is a service aimed at end consumers. It is expressly not aimed at wholesale customers who want to resell the goods in processed or unprocessed form. Energy Fitness Hutthurm UG therefore refuses to compile and deliver if the customer is a wholesale customer, e.g. if the customer has ordered quantities that are unusual for a household. 2) Conclusion of contract 2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to make a binding offer by the customer. 2.2 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 completing the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process. 2.3 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 receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or by requesting payment from the customer after placing the order. If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry 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. 2.4 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent, along with these General Terms and Conditions. In addition, the text of the contract is archived on the seller's website. 2.5 Before submitting the binding 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 for better detection of input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process. 2.6 Only the German language is available for concluding the contract. 2.7 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address provided by him for order processing 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 third parties commissioned by the seller to process the order can be delivered. 3) Right of withdrawal 3.1 Consumers generally have a right of withdrawal. 3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy. 4) Prices and payment conditions 4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs are stated separately in the respective product description. 4.2 The payment option(s) is/are communicated to the customer in the seller's online shop. 5) Delivery and shipping conditions 5.1 The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. 5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance. 5.3 Self-collection from the studio is possible. 6) Retention of title If the seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full. 7) Liability for defects (warranty) 7.1 If the purchased item is defective, the provisions of the statutory liability for defects apply. 7.2 The customer is requested to complain to the deliverer about goods that have been delivered with obvious transport damage and to inform the seller of this. If the customer does not do so, this will have no effect on his legal or contractual claims for defects. 8) Redemption of promotional vouchers 8.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period. 8.2 Individual products can be excluded from the voucher campaign if a corresponding restriction arises from the content of the promotional voucher. 8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. 8.4 Only one promotional voucher can be redeemed per order. 8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller. 8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference. 8.7 The balance of a promotional voucher will not be paid out in cash and will not accrue interest. 8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his legal right of withdrawal. 8.9 The promotional voucher is transferable. The seller can make a payment to the respective holder who redeems the promotional voucher in the seller's online shop with a discharging effect. This does not apply if the seller is aware or grossly negligently unaware of the ineligibility, incapacity or lack of authority to represent the respective holder. 9) Applicable law The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence. 10) Place of jurisdiction If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to bring the case before the court at the customer's place of business. 11) Alternative dispute resolution 11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer. 11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.