General terms and conditions
1. General information |
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| 1.1. | The following contractual provisions (GTC) apply in the version valid at the time of the order for all contracts concluded with the customer via the online shop of Peak Performance S.A., 13c, Fausermillen, 6689 Mertert, Luxembourg, (hereinafter: PEAK) under the domain www.peak.ag |
| 1.2. | These GTC contain special regulations for customers who are entrepreneurs in the sense of § 14 BGB (German Civil Code) (hereinafter referred to as: COMPANY). These special clauses for commercial transactions are marked by an explicit reference to COMPANY and do not apply to transactions with consumers within the meaning of § 13 BGB. |
| 1.3. | PEAK does not recognize any of the Customer's differing General Terms and Conditions, unless PEAK has expressly agreed to them in writing. |
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| 2.1. | By clicking the button "Buy" the customer can put the desired articles into the shopping cart and then initiate the ordering process by clicking the button "Checkout". During the ordering process, the customer must enter the necessary contact data for shipping and payment and complete the order by clicking the button "Pay Order". |
| 2.2. | The customer can correct input errors, in particular goods placed in the shopping cart by mistake, by entering the desired quantity in the shopping cart and using the available buttons. In the ordering process, the customer can correct input errors in the various steps by navigating to the respective step using the browser's "forward" and "back" buttons and the "continue" button included in the ordering process. |
| 2.3. | The presentation of products in the PEAK online shop is merely a non-binding invitation to the Customer to place an order. By placing an order, the Customer makes a binding offer to conclude a contract for the items in the shopping cart. PEAK will immediately and automatically confirm receipt of the order by e-mail. PEAK will also separately confirm the conclusion of the contract to the Customer when the contract is accepted, and PEAK will deliver the merchandise to the Customer. The contract comes into effect with this separate order confirmation, but at the latest when the merchandise is delivered to the Customer. |
| 2.4. | The purchase agreement is concluded between the company Peak Performance S.A., 13c, Fausermillen, 6689 Mertert, Luxembourg - Registre de Commerce et des Sociétés Luxembourg (Luxembourg Commercial Register), Numéro d'immatriculation: B 69979 (Commercial Register number) and the customer. |
| 2.5. | Contract language is German. |
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| These terms and conditions are stored by PEAK. The order data will be sent to the Customer separately in text form (e-mail). The terms and conditions can also be retrieved and printed out in the online shop. | |
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| Consumers are generally entitled to a statutory right of withdrawal. The legal regulations for any existing right of revocation are contained exclusively in the revocation instruction, which can be called up by the customer during the ordering process. | |
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| 5.1. | The prices valid on the day of the order apply, as they are displayed in the online shop. |
| 5.2. | All prices are indicated in Euro, include the legal value added tax and do not include shipping costs. |
| 5.3. | For all orders/deliveries to foreign countries, a flat-rate shipping fee will be charged according to the shipping cost table available in the online shop. If the customer chooses either the payment method prepayment or the payment method PayPal as well as Amazon Pay, shipping is free of charge for an order to Germany from a total order value of 50,- €, to Austria from a total order value of 100,- €, to Switzerland from a total order value of 150,- € and to the rest of Europe from a total order value of 200,- €. Orders to non-European countries are generally not free of shipping costs. In all other respects, the flat rate for shipping and handling depends on the chosen payment method and the order value. The shipping costs are calculated dynamically within the ordering process and are displayed in the shopping cart overview before the order is placed. In individual cases, further taxes (e.g. in the case of an intra-community purchase) and/or charges (e.g. customs duties) may be payable by the customer in the case of cross-border deliveries. |
| 5.4. | The shipping costs are automatically displayed in the shopping cart overview and are also provided in the shipping costs table in the online shop. |
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| 6.1. | PEAK only accepts the payment methods offered during the ordering process in the online shop. The Customer selects his or her preferred method of payment from the available payment methods. |
| 6.2. | If a delivery is made against prepayment, the Customer must transfer the purchase price stated in the order confirmation/invoice to PEAK bank account within 3 business days. |
| 6.3. | The shipping costs are automatically displayed in the shopping cart overview and are also provided in the shipping costs table in the online shop. The cash on delivery fee will be notified when the shipping costs are listed. The payment method cash on delivery is only possible for deliveries to Germany. |
| 6.4. | If a payment is made via PayPal, the customer must have a PayPal account and identify himself with his access data. The customer must then go through the PayPal payment process and confirm the payment to PEAK. |
| 6.5. | PEAK Gift Vouchers can be redeemed in the order process by entering the voucher code. |
| 6.6. | In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is always made to Klarna: Invoice: The payment period is [14] days from the date of dispatch of the goods/tickets/ or, in case of other services, from the date the service is made available. The complete invoice conditions for the countries where this payment method is available can be found here: Germany Instalment purchase: Klarna's financing service allows you to pay for your purchase in fixed or flexible monthly instalments under the conditions specified in the checkout. Payment in instalments is due at the end of each month after Klarna sends you a monthly invoice. For more information on instalment purchases, including the General Terms and Conditions and Standard European Consumer Credit Information for countries where this payment method is available, click here (only available in the countries indicated): Sofortüberweisung: Available in Germany. Your account will be debited immediately after placing the order. Direct debit: Available in Germany. The debit will be made after the goods have been shipped. You will be informed about the date by e-mail. Credit card (Visa/Mastercard): Available in Germany. The debit is made after the goods or tickets have been dispatched / the service is available or, in the case of a subscription, according to the communicated times. The use of the payment methods invoice, instalment purchase and direct debit requires a positive credit check. In this respect, we will forward your data to Klarna for the purpose of address and creditworthiness checks in the context of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted on the basis of the results of the credit assessment. You can find further information and Klarna's terms of use here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations. |
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| 7.1. | Unless otherwise agreed with the customer, the goods shall be delivered to the delivery address provided by the customer in the order and by means of the shipping method selected by the customer during the ordering process. |
| 7.2. | The delivery time is indicated separately with the respective article or with the product description on the article page. |
| 7.3. | The delivery time indicated on the article page begins, in the case of payment in advance, on the working day following the customer's payment order to the remitting bank, or, in the case of all other payment methods, on the working day following the day on which the contract is concluded. |
| 7.4. | The risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer upon delivery to the entrepreneur or to a person authorized to receive the goods, in case of mail order purchases upon delivery of the goods to a suitable transport person. In the case of deliveries to consumers, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the consumer upon delivery of the goods to the consumer in accordance with § 446 BGB. With regard to the transfer of risk, it is equivalent to handover if the customer is in default of acceptance. |
| 7.5. | Orders and deliveries are only offered in and to Germany as well as to the countries listed in the online shop www.peak.ag and/or in the shipping cost table. |
| 7.6. | PEAK will inform the Customer immediately in case of delays in delivery. In the case of unavailability of the ordered merchandise, PEAK reserves the right not to deliver and to withdraw from the contract. In this case, PEAK will inform the Buyer immediately, and refund any payments already received. |
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| 8.1. | PEAK retains ownership of the sold merchandise until the full purchase price has been paid. |
| 8.2. | The goods subject to retention of title may not be pledged by the customer to third parties or transferred by way of security before full payment of the secured claims. The CUSTOMER must immediately inform PEAK in writing, if and when third parties have access to PEAK merchandise. |
| 8.3. | In the case of the Customer's behavior contrary to the terms of the contract, especially in the case of non-payment of the due purchase price, PEAK has the right to withdraw from the contract in accordance with legal regulations, and to demand the return of the merchandise based on the retention of title and withdrawal. If the Customer does not pay the due purchase price, PEAK may only assert these rights, if the Customer has been unsuccessfully set a reasonable deadline for payment, or if such a deadline is unnecessary according to legal regulations. |
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| 9.1. | The rights in the event of defects in the purchased item shall be governed by the statutory provisions. There is no warranty for damage caused by improper use, dosage, use, installation or treatment of the purchased item, the same applies to wear and tear. |
| 9.2. | PEAK products are not intended to be used for diagnosis, prevention or treatment of diseases or other physiological and/or psychological conditions. They are not pharmaceuticals. If Customers have any illnesses, are undergoing medical treatment, are pregnant, or are breastfeeding a baby, PEAK advises Customers to consult a physician before using PEAK products. |
| 9.3. | PEAK takes no guarantee and/or responsibility for training success. |
| 9.4. | Claims for defects by COMPANIES who are merchants within the meaning of the German Commercial Code (HGB) require that the COMPANY has duly fulfilled its obligations to inspect the goods and make a complaint in text form within 14 calendar days of receipt of the goods in accordance with § 377 HGB. This obligation to give notice of defects shall not apply to customers who are consumers within the meaning of § 13 BGB. |
| 9.5. | The limitation period for claims for defects by COMPANY is 12 months, calculated from the date of transfer of risk to the COMPANY. This reduction of the warranty period shall not apply to customers who are consumers within the meaning of § 13 BGB (German Civil Code). |
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| 10.1. | The customer's claims for damages or compensation for futile expenditures against PEAK are governed by these regulations, regardless of the legal nature of the claim. |
| 10.2. | The liability of PEAK is excluded - regardless of legal grounds. Insofar as PEAK liability is excluded or limited, this also applies to the personal liability of PEAK employees, representatives, or agents. However, the limitation/exclusion of liability does not apply if the cause of damage is due to intentional and/or gross negligence on the part of PEAK, PEAK employees, representatives, or agents. PEAK liability under the German Product Liability Act remains unaffected (§ 14 ProdHG). |
| 10.3 | The foregoing limitation of liability does not apply to damages resulting from injury to life, body, or health caused by a negligent breach of duty on the part of PEAK, or an intentional or grossly negligent breach of duty by a legal representative or agent of PEAK. |
| 10.4. | If PEAK negligently violates an essential contractual obligation, i.e., an obligation whose observance is of special importance for the achievement of the contract's purpose (essential contractual obligation or cardinal obligation), liability is limited to typically occurring damages, i.e., to such damages that must typically be expected within the framework of the contract. An essential contractual or cardinal obligation in the aforementioned sense is one whose fulfilment is essential for the proper execution of this contract and on whose compliance the CUSTOMER regularly relies and may rely. |
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| The data protection regulations of the data protection declaration on the website www.peak.ag apply exclusively. | |
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| 12.1. | For deliveries to consumers and commercial customers in Germany, the law of the Federal Republic of Germany shall apply to the exclusion of the UN Sales Convention. |
| 12.2. | In the case of consumers who do not conclude the contract for professional or commercial purposes, the above choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. |
| 12.3. | If the Customer is a merchant, legal entity under public law, or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is PEAK place of business in 13c, Fausermillen, 6689 Mertert, Luxembourg. |
| 12.4. | The same applies if the customer is an entrepreneur and does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is unknown at the time the action is brought. PEAK authority to call upon the court at another legal place of jurisdiction remains unaffected. |