Terms of service

1. General Information
1.1.
 The following contractual provisions (Terms and Conditions) 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 within the meaning of 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 only a non-binding invitation to place an order. The contract is concluded upon separate order confirmation or delivery of the goods.
2.4.
 The purchase contract is concluded between Peak Performance S.A., 13c, Fausermillen, 6689 Mertert, Luxembourg, and the customer.
2.5.
 The contract language 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 specified 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 shipping 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 14 days after the goods are shipped. More details here.
  • Installment plan: Flexible monthly installments. Find more information here.
  • Instant bank transfer: Your account is debited immediately after placing your order.
  • Direct debit: The amount is debited after the goods are shipped.
  • Credit card (Visa/Mastercard): The amount is charged 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 will be 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 withdraw from 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 neither be pledged nor 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.
 If the customer acts in breach of the contract, particularly in the event of non-payment, PEAK is entitled to withdraw from the contract in accordance with statutory provisions and to demand the return of the goods.

9. Warranty / Guarantees
9.1.
 Rights in the event of 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 doctor 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 law of the Federal Republic of Germany applies.
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 court of competent jurisdiction as well.