Terms and Conditions

  • 1 Scope of applicability

(1) These terms and conditions contain the conditions that apply exclusively between the buyer and the seller, Jonathon Entertainment GmbH (Rockendorfer Weg 162, 06128 Halle (Saale), HRB 23698, Amtsgericht Stendal, Finanzamt Halle, German VAT-ID (USt‐ID): DE309880590) represented by its managing director Bradley Jonathon Cleary, insofar as they have not been modified by written agreement between the parties.

(2) Changes to these terms and conditions will be communicated to the buyer in writing, by telefax or by e-mail. If the buyer does not object to such changes within four weeks after receipt of notice, the changes are deemed accepted by them. The buyer will be separately notified on the right to object and the legal consequences of non-response in the case of a change in the terms and conditions.

(3) The integration of terms and conditions put forward by the buyer is here with objected to.

  • 2 Registration as user

(1) The buyer registers as a user of the seller’s trading system free of charge. There is no entitlement to admission to the seller’s trading system. Only persons with full capacity to contract are eligible to register. On request of the seller, the buyer must submit a copy of their ID card. To acquire admission, the buyer fills out the registration form on the website electronically and submits it in the electronic manner intended. The data required for registration is to be entered fully and truthfully. During registration the buyer chooses a personal username and password. The username must not violate the rights of third parties nor violate other rights such as names and/or trademarks or be in any way immoral. The buyer is obligated to keep the password secret and under no circumstances disclose it to third parties.

(2) Apart from the declaration of agreement with the validity of these terms and conditions,the registration is not tied up with any other obligations. Entries can be deleted again at any point in time at “My Account”. Registering with the seller does not, in itself, generate an obligation to purchase with respect to the goods on offer.

(3) So far as personal details change, the buyer is responsible themselves for updating them. All changes can be carried out under “My Account” after logging in online.

  • 3 Entry into contract

(1) The buyer can select products from the seller’s range and collect them in a so-called shopping cart using the “shop now” (Alternative: “add to shopping cart”) button. Via the “place order” (Alternative: “buy now”) button, the buyer submits a binding request to purchase the goods in the shopping cart. The buyer can change and examine the data at any time before submitting the order. The order can, however, only be submitted and transferred if the buyer accepts these contractual terms by clicking on the button “accept terms and conditions”, there by incorporating them into their request.

(2) The seller then sends the buyer an automatic acknowledgement of receipt by e-mail, in which the buyer’s order is listed again and which the buyer can print out by means of the “print” function. Automatic acknowledgement of receipt merely documents the fact that the buyer’s order has been received by the seller and does not represent an acceptance of the request. The contract only comes into existence through the submission of the declaration of acceptance by the seller, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest with delivery of the goods, the contractual text (comprising order, terms and conditions and order confirmation) is sent to the buyer (contract confirmation) in a durable medium (e-mail or paper copy). The contractual text will be stored in compliance with data protection regulations.

  • 4 Prices, packaging and shipping, partial deliveries

(1) All prices are fundamentally those stated in the shopping cart on the seller’s website at the time of the order. Different prices that may possibly be represented on pages that are loaded from intermediate storage (e.g. browser caches, proxies) are not relevant and are invalid. The shopping cart cannot be stored temporarily. The seller reserves the right to correct prices resulting from typing or calculation errors. The prices apply, in sofar nothing else is expressly agreed in writing, from the place of dispatch exclusive of packing and shipping. The buyer bears the cost of packing and shipping.

(2) Prices of products that are marked as pre-announced are based on non-binding information from suppliers or manufacturers and can change up to there lease of the product. Pre-announced products can be ordered at the listed price. The seller cannot ensure either the price, there lease date nor the actual release of pre-announced products. Should changes occur, the seller will consult with the buyer before carrying out the order. Should the buyer not be in agreement with the changes, the order will not be carried out and the purchase agreement annulled.

(3) Packaging is the property of the buyer and charged for by the seller as part of the shipping costs. The disposal of packing materials is incumbent on the buyer.

(4) Shipping costs are dependent on the method of shipping, the method of payment and the shipping destination. They are listed on the order page before an online order or stated in the case of telephone orders and always listed separately on the invoice. The choice of shipping methods is made by the seller within the framework of admissible possibilities to the best of their judgement. For technical reasons, the clear definition of shipping costs for an online order is only possible at a later point in time. The seller is therefore entitled to adjust the delivery costs of an effected order retrospectively.

(5) For partial deliveries, which are occasioned or offered by the seller, subsequent deliveries are made free of shipping costs. If the delivery is split on the request of the buyer the shipping costs for each partial delivery will be charged in addition.

  • 5 Delivery times

(1) Delivery times are dependent on the product and the season. Fixed delivery times and dates cannot be promised. Should unreasonable delays occur after an order is placed, the buyer will be automatically informed by e-mail and is entitled to withdraw free of charge from their order or to make changes at any time before the dispatch of the goods, in sofar nothing else has been agreed.

(2) In the case of an impossibility that is not the responsibility of the seller, they are entitled to withdraw from the contract. The buyer cannot derive claims for damages from this.

  • 6 Terms of payment

(1) In sofar no alternative agreement has been made, the purchase price, plus the shipping costs as listed in the invoice, is immediately due in full.

(2) The buyer can choose from various methods of payment, offered dependant on the order value, the delivery method and the shipping destination. The various options can be selected in the shopping cart.

(3) The seller reserves the right to only carry out the order upon payment by cash on delivery or in advance.

(4) Costs accrued through the charge back of a payment transaction due to insufficient funds or the submission of incorrect data by the buyer, are charged to the buyer.

(5) In the case of late payment by consumers, the seller is entitle to charge default interest amounting to 5 percentage points above the respective applicable base interest rate in line with § 288 BGB. In the case of late payment by entrepreneurs, the seller is entitle to charge default interest amounting to 9 percentage points above the base rate in line with § 288 BGB.

(6) Off setting of costs by the buyer is not permitted except in the case of counter claims recognised by the seller or legally determined. The with holding of payments by the buyer due to counter claims from other contractual relationships is excluded.

  • 7 Retention of ownership

The goods remain the property of the seller until full payment is made. If the buyer delays payment longer than 10 days, the seller has the right to withdraw from the contract and demand the return of the goods.

  • 8 Warranty

(1) In sofar the delivered goods are defective, the buyer is entitled within the scope of legal provisions to demand cure, to withdraw from the contract or to reduce the purchase price.

(2) The limitation period of warranty claims for the delivered goods is two years from receipt of the goods, in sofar as the goods are not used items. For used items the limitation period is one year from receipt of the goods.

  • 9 Limitation of liability

(1) The seller is liable for intention and gross negligence. They are also liable for the negligent breach of duties whose performance enables the proper completion of a contract in the first place, whose breaching puts the fulfilment of the purpose of the contract at risk and whose fulfilment the buyer typically relies on. In the latter case the seller is however only liable for foreseeable damages typical for the contract. They are not liable for the negligent breach of duties other than those stated in the previous clauses.

The preceding limitations of liability do not apply to injury to life, body and health. Liability pursuant to the product liability laws remains unaffected.

(2) Data communication via the Internet cannot, in the current state of technology, be guaranteed as faultless and/or always available. The seller is not liable in this respect for the continuous and uninterrupted availability of their online trading system.

  • 10 Assignability of claims

The buyer is not entitled to assign their claims from the contract without the agreement of the seller.

  • 11 Withdrawal instructions

Right of withdrawal

You have the right to withdraw from this contract without giving reasons within fourteen days.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or take possession of the goods.

In order to exercise your right of withdrawal you must inform us

Jonathon Entertainment GmbH
Rockendorfer Weg 162
06128 Halle (Saale)
Telefonnummer: +49 (0)34568199677
Faxnummer: +49 (0)345 68137323
E-Mail: sales@6packfitness.eu

by means of a clear statement (e.g. a letter sent by post, telefax or e-mail) of your decision to withdraw from this contract. You can use the attached withdrawal form, but it is not compulsory.

To comply with the withdrawal period it suffices that you send notice of exercising the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, we must pay back all payments received from you, including delivery costs (with exception of additional costs that result if you select another form of delivery other than the cheapest standard delivery we offer), promptly and at the latest within fourteen days from the day we receive notice of your withdrawal from this contract. For the refund we use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no event will you be charged fees due to this refund. We can refuse the refund until we have received the returned goods or until you have provided evidence that you have sent the goods back, depending on which comes first.

You must send the goods or hand them back to us promptly and in any case at the latest within fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the term of fourteen days has expired. You bear the immediate costs of returning the goods.

You must only pay for an eventual loss in value of the goods if this loss in value is the result of handling other than that necessary to as certain the quality, nature and functioning of the goods.

Withdrawal from contract form

(Please fill out this form and send it back if you wish to withdraw from the contract.)

To:  Jonathon Entertainment GmbH
Rockendorfer Weg 162
06128 Halle (Saale)
Telefonnummer: +49 (0)345 68199677
Faxnummer: +49 (0)345 68137323
E-Mail: sales @ 6packfitness.eu

I/we (*) hereby withdraw from the contract I/we (*) entered into for the purchase of the following goods (*)/the provision of the following services (*)

Ordered on (+)/received on (*)

Name of the consumer(s)

Signature of the consumer(s) (only for notifications on paper)

Date

_____

(*) Cross out as applicable

 12 Concluding clauses

(1) Changes or additions to these terms and conditions must be made in writing. This also goes for repealing this requirement of the written form.

(2) The law of the Federal Republic of Germany shall apply, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Mandatory regulations of the state in which the buyer has habitual residence remain unaffected.

(3) In sofar the buyer had domicile or habitual residence in Germany on entering into the contract and either relocated at the time legal action is brought or their whereabouts at that time are unknown, Cologne is the place of jurisdiction for all disputes.

If the buyer does not have domicile or habitual residence in a member state of the European Union, then the courts in Cologne are exclusively responsible for all disputes.

(4) Should individual clauses of this contract be invalid or contradict legal provisions, this shall not affect the remainder of the contract. The invalid clause will be replaced consensually by the contractual parties by a legally effective clause that comes closest to the economic aim and purpose of the invalid clause. The afore mentioned provision applies accordingly in the case of loop holes.

(5) This English version of the terms and conditions shall be used only for information purposes; in case of doubt, the German version (Allgemeine Geschäftsbedingungen) shall apply.

 13 Consumer arbitration service

We are not willing and not obligated to take part in dispute resolution procedures in front of a consumer arbitration service.

  • 14 Consumer information according to regulation (EU) No 524/2013

In disputes with the seller relating to online purchase agreements or online service agreements,you have the option of using the EU Commission’s online dispute resolution platform. The platform can be accessed at

www.ec.europa.eu/consumers/odr

Our e-mail address is sales@6packfitness.eu

Jonathon Entertainment GmbH, Rockendorfer Weg 162, 06128 Halle (Saale), HRB 23698 Amtsgericht Stendal, Finanzamt Halle, German VAT-ID (USt‐ID): DE309880590 represented by the managing director Bradley Jonathon Cleary

 

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