Addendum to the General Terms and Conditions for Subscriptions in the Online Shop of PEAK Performance Products S.A.
§ 1 General - Scope of application
1.1
The following General Terms and Conditions for Subscriptions (hereinafter referred to as "Subscription T&Cs") apply exclusively to the conclusion of subscription contracts for the purchase of sports nutrition and dietary supplements under the domain www.peak.ag / www.peak.de.
1.2
PEAK Performance Products S.A. sells sports nutrition and dietary supplements on a subscription model with recurring delivery and becomes the contractual partner of the customer.
1.3
These Subscription Terms and Conditions apply exclusively to the contractual relationship with consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.4
The customer can select a subscription in the online store, add it to their shopping cart and order it. After conclusion of the contract and payment, the customer will receive the sports nutrition or dietary supplements at regular intervals for the duration of the subscription.
§ 2 Conclusion of contract
2.1
The subscriptions offered in the online store for the purchase of sports nutrition or dietary supplements (hereinafter "products") represent a non-binding invitation to the customer to take out a subscription.
2.2
After selecting the desired subscription, the customer enters the data required to conclude the contract (first and last name, e-mail address, payment and delivery address(es), payment details if applicable).
2.3
On the subsequent contract conclusion page, the customer places a binding order to purchase the corresponding subscription by clicking on the "Order now with obligation to pay" button.
2.4
PEAK Performance Products S.A. shall immediately confirm receipt of the customer's order and the conclusion of the contract by e-mail.
2.5
The text of the contract is not saved by the seller and can no longer be retrieved after the contract has been concluded. However, the customer has the option of retrieving and saving the contractual provisions, including these Subscription T&Cs, when the contract is concluded.
§ 3 Prices and payment
3.1
The prices quoted in the online store are in euros and include statutory VAT. Shipping costs will be charged additionally in accordance with our current shipping conditions.
3.2
The contract is processed and invoiced by PEAK Performance Products S.A., based in Luxembourg.
3.3
The customer shall pay via the payment option offered by PEAK Performance Products S.A. for subscriptions.
3.4
If the goods are paid for by direct debit (SEPA mandate required), the direct debit will be made to the account specified on the invoice within one month of the invoice date.
§ 4 Delivery
The products covered by a subscription are delivered by our logistics partner DHL to the delivery address specified by the customer in accordance with the agreed delivery cycle.
§ 5 Term/termination
5.1
The term of a subscription is at the customer's discretion and comprises at least three deliveries in the agreed delivery cycle. The subscription can be canceled at any time. The term begins immediately after the binding order.
5.2
A subscription is automatically renewed for the contract period/delivery cycle selected by the customer unless it is canceled beforehand. If notice of termination is given within three working days before the agreed delivery of the subscribed article, the article in question will no longer be affected as it is already being processed.
5.3
A subscription can be terminated at any time at the end of the current contract period with one week's notice. Text form is sufficient for termination, which means that notice of termination can be given by email. In the event of termination by the customer, this must be sent to order@peak.ag.
5.4
In the event of termination before the end of the contract period, the products will be shipped until the end and fulfillment of the contractually agreed deliveries.
§ 6 Right of withdrawal for subscription contracts
Subscriptions are subject to the statutory right of withdrawal in accordance with section 4 of these GTC. The revocation of a subscription only applies to future deliveries and not to deliveries that have already been made or are being processed.
To comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period.
Consequences of revocation
If the subscription contract is revoked, we must refund all payments that we have already collected by direct debit, including delivery costs, immediately and at the latest within fourteen days of the day on which we receive notification of the revocation of this contract. For this repayment, we will use the same means of payment that was used for the original transaction, unless otherwise agreed in writing. Under no circumstances will we charge any fees for this repayment. We may refuse to make the repayment until we have received the goods back or until proof has been provided that the goods have been returned, whichever is the earlier.
The goods must be returned to the address provided immediately and in any case no later than fourteen days from the day on which we were informed of the revocation of this contract. The deadline is met if the goods are dispatched before the expiry of the fourteen-day period. The customer shall bear the direct costs of returning the goods.
The customer shall only be liable for a direct loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check their condition, properties and functionality.
§ 7 Warranty
The statutory warranty rights apply to all products offered in the online store.
§ 8 Liability
8.1
PEAK Performance Products S.A. shall be liable without limitation for intent and gross negligence.
8.2
In the event of a slightly negligent breach of a main performance obligation ("cardinal obligation"), the liability of PEAK Performance Products S.A. shall be limited to the direct damages foreseeable at the time of conclusion of the contract and typical for the contract. Main performance obligations are obligations whose breach jeopardizes the achievement of the purpose of the contract or whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.
8.3
PEAK Performance Products S.A. shall not be liable in the event of a slightly negligent breach of a secondary contractual obligation.
8.4
Insofar as the liability of PEAK Performance Products S.A. is excluded or limited in accordance with the above provisions, this shall also apply to the employees, organs and vicarious agents of the seller.
8.5
The limitations of liability and exclusions of clauses 8.2 to 8.4 shall not apply in the event of mandatory statutory strict liability (e.g. under the Product Liability Act), in the event of the assumption of a no-fault guarantee and in the event of injury to health, body or life.
