Terms of service

1. General Information
1.1.
 The following terms and conditions (T&C) apply in the version valid at the time of the order to all contracts concluded via the online store of Peak Performance S.A., 13c, Fausermillen, 6689 Mertert, Luxembourg (hereinafter: PEAK).
1.2.
 These Terms and Conditions contain special provisions for customers who are business entities within the meaning of Section 14 of the German Civil Code (BGB) (hereinafter: BUSINESS ENTITIES). These special provisions do not apply to consumers as defined in Section 13 of the German Civil Code (BGB).
1.3.
 PEAK does not recognize any deviating general terms and conditions of the customer unless PEAK has expressly agreed to them in writing.

2. Conclusion of the Contract
2.1.
 The customer may add the desired items to the shopping cart by clicking the “Buy” button and initiate the ordering process by clicking the “Checkout” button. The order is finalized by clicking the “Place Order” button.
2.2.
 The customer can correct input errors during the ordering process by navigating using the “Forward” and “Back” buttons.
2.3.
 The presentation of products in the PEAK online store constitutes merely a non-binding invitation to place an order. The contract is concluded upon separate order confirmation or delivery of the goods.
2.4.
 The sales contract is concluded between Peak Performance S.A., 13c, Fausermillen, 6689 Mertert, Luxembourg, and the customer.
2.5.
 The language of the contract is German.

3. Storage of the Contract Text
These Terms and Conditions are stored by PEAK. The order details are sent to the customer in text form. The Terms and Conditions can also be accessed and printed from the online store.

4. Right of Withdrawal
Consumers are entitled to a statutory right of withdrawal. The legal provisions are set forth in the withdrawal policy.

5. Prices and Shipping Costs
5.1.
 The prices valid on the day of the order, as displayed in the online store, apply.
5.2.
 All prices are listed in euros, include the statutory value-added tax, and do not include shipping costs.
5.3.
 Shipping costs are calculated dynamically and displayed during the ordering process.
5.4.
 Shipping costs are also listed in the online store’s shipping cost table.

6. Payment Terms
6.1.
 PEAK accepts only the payment methods offered during the ordering process in the online store. The customer selects their preferred payment method from among the available options.
6.2.
 If delivery is made against prepayment, the customer must transfer the purchase price stated in the order confirmation/invoice to PEAK’s designated bank account within 3 business days.
6.3.
 For cash-on-delivery orders, the purchase price is paid in cash to the carrier. The cash-on-delivery fee is specified during the ordering process and is available only for deliveries to Germany.
6.4.
 If payment is made via PayPal or Amazon Pay, the customer must confirm the payment process after authenticating themselves with their login credentials.
6.5.
 PEAK gift certificates can be redeemed during the ordering process by entering the gift certificate code.
6.6.
In partnership with Klarna Bank AB (publ), we offer the following payment options:
  • Invoice: Payment is due within 14 days of shipment. More details here.
  • Installment Plan: Flexible monthly payments. Information can be found here.
  • Instant bank transfer: The amount is debited immediately after the order is placed.
  • Direct debit: The amount is debited after the goods are shipped.
  • Credit card (Visa/Mastercard): The charge is processed after the goods are shipped.
Use of the payment methods “Invoice,” “Installment Purchase,” and “Direct Debit” requires a positive credit check. Find more information here.

7. Delivery and Shipping Terms
7.1.
 Delivery is made to the address provided during the ordering process, unless otherwise agreed.
7.2.
 The delivery time is specified on the product page.
7.3.
 The delivery period begins on the business day following receipt of payment.
7.4.
 The risk of loss passes to the business upon handover to the carrier and to the consumer upon handover of the goods to the customer.
7.5.
 Orders are only available for delivery to the countries listed in the online store.
7.6.
 In the event of delivery delays, PEAK will notify the customer. If the goods are unavailable, PEAK reserves the right to rescind the contract.

8. Retention of Title / Set-off
8.1.
 PEAK retains title to the sold goods until the purchase price has been paid in full.
8.2.
 Goods subject to retention of title may not be pledged or transferred as security prior to full payment of the secured claims. The customer must immediately notify PEAK of any third-party claims against the goods.
8.3.
 In the event of a breach of contract by the customer, particularly in the event of non-payment, PEAK is entitled to rescind the contract in accordance with statutory provisions and to demand the return of the goods.

9. Warranties / Guarantees
9.1.
 Rights regarding defects in the purchased goods are governed by statutory provisions. No warranty applies to damage resulting from improper use.
9.2.
 PEAK products are not intended to be used as medications. Customers should consult a physician before using the products.
9.3.
 PEAK does not guarantee training results.

10. Liability
10.1.
 Claims for damages against PEAK are governed by these provisions.
10.2.
 PEAK’s liability is excluded, except in cases of willful misconduct or gross negligence.
10.3.
 This limitation of liability does not apply to damage to life, body, or health resulting from PEAK’s negligence.

11. Data Storage and Data Protection
The data protection provisions set forth in the Privacy Policy on the website www.peak.ag apply exclusively.

12. Final Provisions
12.1.
 For deliveries to Germany, the laws of the Federal Republic of Germany apply.
12.2.
 For consumers, the choice of law applies only to the extent that it does not conflict with mandatory provisions of the country of their habitual residence.
12.3.
 The place of jurisdiction for all disputes is PEAK’s registered office in Luxembourg.
12.4.
 PEAK reserves the right to file a lawsuit at another statutory venue as well.