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Terms and conditions

§ 1 General - scope

1. For all business relations between us and the customer, exclusively the following general terms and conditions apply in the version valid at the time of ordering. Deviating conditions are not acknowledged, unless their validity is expressly agreed in writing.

2. Customers within these terms and conditions are
a) consumer: natural persons with whom a business relationship is entered without a commercial or independent professional activity.
b) the employer: natural or legal persons or legal partnerships with whom a business relationship is entered and acting in the exercise of their commercial or independent professional activity.

§ 2 Conclusion of contract

1. Our product range displayed on the websites http://www.wwsfitshop.com and http://www.wws-fit-shop.com and linked and connected pages is non- binding. Reasonable technical and other changes for individual goods are reserved. Our presentation of goods on the Internet is to order a non-binding invitation to the customer.

2. By placing the desired order, the customer bindingly declares his contract. We will immediately confirm receipt of the order of the customer. As far as with the confirmation of receipt does not expressly declare the binding acceptance of the order, the confirmation of receipt represents no acceptance. Receiving a telephone order is not a binding acceptance of the order by us.

3. We are entitled to accept the contract offer within two weeks from order. Product ordered electronically, we are entitled to accept the order within three business days of receiving it. In individual cases we reserve reject the acceptance of the order.

4. The contract is subject in the case of not correct or incorrect delivery, not or only partially payable. This only applies if the non-delivery of us is responsible for. In case of non-availability or only partial availability of the goods, the customer is informed immediately. Compensation already paid will be reimbursed immediately.

§ 3 Retention of title

The delivered goods remain property of the seller until payment in full.

§ 4 Right of withdrawal

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (Wolfgang Weinmann Softwareentwicklung, Dettenhauser Str. 6, D-72141 Walddorfhäslach, Email: info(at)wwsfitshop.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website https://www.wwsfitshop.de/en/withdrawal-form.html. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion or premature lapse of the right of withdrawal:

The right of withdrawal expires prematurely for contracts for the supply of sealed goods that are suitable for reasons of health or hygiene not to return, if your seal has been removed after the delivery.

The right of withdrawal expires prematurely in contracts for the supply of audio or video recordings or computer software in a sealed pack, if the seal has been removed after the delivery.

The right of withdrawal does not apply to contracts for the supply of goods which are not prefabricated and an individual choice or determination by the consumers is decisive for their manufacture or which are clearly tailored to the personal needs of the consumer.

§ 5 Payment

1. The offered price is including VAT amounting current.
With the dispatching purchase plus the specified flat rates are.

2. The customer is consumer, he falls in accordance with article 286 paragraph 3 BGB without any further reminders behind, if he does not pay the invoice for 30 days from receipt. During the delay, the consumer to pay default interest at least the statutory interest on arrears of 5% p.a. above the base rate and may in addition an emergent default costs is obliged. The customer is entrepreneur, he has during the interest the amounting at least 8% above the base rate. To contractor, we reserve the right to claim of a higher proven interest for late payment or an additional damages. 

3. The customer right to set-off does not exist, unless the claim is undisputed or legally judicially determined. A right of retention can only be claimed if it is based on the same contractual relationship.

§ 6 Transfer of risk

1. If consumers beyond the risk of accidental destruction and accidental deterioration of the goods sold with the dispatching purchase delivery of the goods to the consumer. 

2. For entrepreneurs the risk of accidental destruction and accidental deterioration of the goods, with the dispatching purchase with delivery to the carrier beyond the carrier or person otherwise to execute the dispatch or institution to the contractor. 

3. The delivery is equal if the customer with the adoption in default.

§ 7 Warranty

1. Customers, consumers, have the choice whether the subsequent performance expected by repair or replacement. We are entitled to refuse the chosen supplementary performance, if is possible only with disproportionate costs and the other type of supplementary performance without substantial disadvantages for the consumer. For businessmen we guarantee for defects in the goods first at our discretion by repair or replacement. 

2. If the supplementary performance fails, the customer can demand in principle (reduction) reduction or cancellation of the contract (withdrawal), as well as redress at his discretion. Case of minor defects is not entitled to the customer. In case of damages, the provisions of § 8 of these terms and conditions apply in addition. 

3. Entrepreneurs must examine the goods immediately on quality and quantity deviations and us apparent defects within one week of receipt of the goods in writing show; otherwise, the assertion of the warranty claim is excluded. Hidden defects are to inform us in writing within one week of discovery. For period keeping the punctual sending off is sufficient. The full burden of proof for all conditions of entitlement, especially for the defect itself, the time the defect and the timeliness of the complaint meets the entrepreneur.

4. For consumers, the warranty period of two years from delivery of the goods is, the warranty period of one year from delivery of the goods is for entrepreneurs. The warranty period for used goods is one year from delivery of the goods.

5. We emit no guarantees in the legal sense to our customers. Manufacturer warranties remain unaffected.

§ 8 Liability

1. If damage to life, body or health, we are liable under the statutory provisions. For other damages of the buyer, our liability is and our vicarious agents unless a further liability prescribed by other provisions, limited to intent and gross negligence. For property damage and financial loss based on slight negligence of the seller or the above-mentioned persons, the seller is liable only if he violated a cardinal obligation and to the extent of occurrence of the damage was typically predictable.

2. We are liable only for own contents on the website of our online shop. As far as we provide access to other Web sites with links, we are not responsible for the contained illegal content. Let us not external content. If we get knowledge of unlawful content on external Web sites, we are immediately block access to these pages.

§ 9 Data protection

1. Wolfgang Weinmann Softwareentwicklung respects user privacy and observes strictly all applicable data protection provisions. All personal data collected by the customer will be kept strictly confidential.

2. Data required for the execution of the contract are stored electronically or manually and processed, as far as this is necessary for the processing and implementation of the contract. The seller reserves the right to transmit personal data to credit bureaus, so far as this is necessary for the purpose of a credit check. A data collection, transmission, and/or other processing of personal customer data to other purposes referred to in the second sentence is not permitted the seller.

3. Wolfgang Weinmann Softwareentwicklung will forward the user's personal data without the express agreement of the Member to any third party. This does not apply as far as Wolfgang Weinmann Softwareentwicklung is required by law to disclose data.

§ 10 Final provisions

1. The laws of Germany shall apply.

2. The customer is a merchant, legal entity of under public law or under public law, exclusive place of jurisdiction for all disputes arising from this contract Reutlingen is.

3. Should individual provisions of the Treaty with the customer including these general terms and conditions be totally or partly ineffective or become, will not affect the validity of the remaining provisions. To replace the whole or partly ineffective regulation by a provision which economic success comes as close to the invalid provision.