Terms and Conditions

Pure Gymnastics UG

General Terms and Conditions of PURE GYMNASTICS UG (limited liability)

These conditions

(1) This website (the " www.puregymnastics.de ") and/or the services, including all associated mobile applications (collectively: the "Services") and all offers and sales of products ("Products") through the Site, is owned and operated by [Pure Gymnastics UG (limited liability)] (hereinafter also: "we", "us" and "our"). These terms and conditions ("Terms") set out the terms and conditions under which visitors or users (collectively: "Users" or "you") may visit or use the Site and/or the Services and purchase Products.

(2) By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all of the Terms, you may not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services or purchasing any Products. These Terms tell you who we are, how we sell Products to you, how you can cancel the purchase agreement, and what to do if you have any problems.

(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you must have the permission of your parent or legal guardian to use the Services or purchase Products.

By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms and conditions.

We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to periodically check this page for any changes. Your continued use of or access to the website following the posting of any changes will be deemed acceptance of those changes.

Our store is hosted on Shopify. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any other code of a destructive nature.

Any breach or violation of any of these Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

Conclusion of contract

(1) The purchase of products is subject to the conditions in force at the time.

(2) When you purchase a Product: (i) you are responsible for reading the item description in its entirety before making a binding purchase, and (ii) the completion of an order on the Site (by completing a checkout process using the "Buy Now" or similar button) may constitute a legally binding contract for the purchase of that Product, unless these Terms provide otherwise.

(3) You can select products from our product selection and place them in your shopping cart by clicking on the corresponding button. Our prices are listed on the site. We reserve the right to change our prices at any time and to correct any inadvertent pricing errors. These changes will not affect the price of products you have already purchased. When paying, you will be shown an overview of all the products you have placed in your shopping cart. The overview includes the essential properties of each product as well as the total price for all products, the applicable sales tax (VAT)/value added tax (VAT) and, if applicable, the shipping costs. On the payment page, you also have the option of checking the products and quantities and, if necessary, changing, removing or correcting them. You can also use the edit function to identify and correct any input errors before placing your final binding order. All delivery times stated apply from receipt of your payment of the purchase price. If you click on the "Order with payment" button, you are placing a binding order to purchase the products listed at the stated price and with the stated shipping costs. To complete the order process using the "Order with payment" button, you must first accept these terms and conditions as legally binding for your order by clicking the corresponding box.

(4) We will then send you an email confirming receipt of your order, which will list your order again and which you can then print or save using the relevant function. Please note that this is an automatic notification that only confirms that we have received your order. It does not indicate that we have accepted your order.

(5) The legally binding agreement to purchase the products is only concluded when we send you a declaration of acceptance by email or send the products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method - and you choose this payment method for your order - where a payment transaction is initiated immediately upon submission of your order (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding agreement is deemed to have been concluded when you have initiated the ordering process as described above using the "Order with payment" button.

(6) The purchase contract can be concluded in [German] language. After conclusion of the contract, the contractual terms and conditions will be stored by us and you will no longer have access to them.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor will display any color correctly.
We reserve the right, but are not obligated, to limit the sales of our products or Services to certain persons, geographic regions or jurisdictions. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All descriptions of products or product pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Delivery

Delivery depends on the respective product/manufacturer. Depending on the product/partner company, the delivery time may vary, as shipping is handled by the respective partner company.

Currently, orders in this shop are only possible for deliveries to Germany.

Prices and shipping costs

All prices are in euros. Prices for consumers include VAT.

The shipping costs vary and depend on the respective product. You can find information about the shipping costs, the shipping method and the shipping weight for each item via the link "plus shipping costs". Products for which no shipping costs are charged are marked "free shipping". If you combine these items in your order with items that incur shipping costs, only their shipping costs will be calculated.

Invoicing is done digitally.

payment

You can pay for the goods you have ordered easily and conveniently using the payment methods below. To protect our credit risk, we reserve the right to only offer those that correspond to the respective creditworthiness. Invoices are sent after online orders and, if requested by the customer, by email.

The customer can pay for the goods using the following payment methods:

-Credit card/ debit card

-Apple Pay

-PayPal

-Giropay

-KlarnaInstant bank transfer

Certain payment methods may be excluded by the provider in individual cases.

If the customer chooses an online payment method, the customer thereby authorizes the provider to collect the amounts due at the time of the order.

For this payment method, we carry out a credit check in accordance with our data protection information.

b) Credit card:
The invoice amount will be charged when you complete the ordering process and submit your order.

c) Klarna SOFORT transfer

d) the payment services Paypal, Apple Pay or Google Pay (some require a separate account with the payment service)

Right of withdrawal

If you purchase the goods for purposes that cannot be attributed predominantly to your commercial or independent professional activity, you have a statutory right of cancellation in accordance with §§ 312g, 355 BGB, which we will explain at the end of these General Terms and Conditions.

The costs for returning goods that can be sent by parcel, as well as the costs for returning goods that cannot be sent by parcel, are at your expense. We can refuse to refund the value of the goods until we have received the goods back. We can make the return of goods that cannot be sent by parcel dependent on the advance payment of the transport costs.

The voluntary right of return is excluded if the goods are damaged or if the goods show signs of use that go beyond the scope of the inspection of the quality, properties and functionality of the goods. It also does not apply to goods that have been individually made for you or to goods that have been unsealed.

Warranty for products

In accordance with the statutory warranty provisions, we are liable for quality defects and/or legal defects in the products you buy from us. If the goods are defective, you have the statutory claims, subject to clause 8, which you can exercise free of charge. If you receive goods with defects despite comprehensive checks, our customer service will be happy to help you.

Liability

The customer's claims for damages are excluded. Excluded from this are claims for damages arising from injury to life, body or health or from the violation of essential contractual obligations as well as liability for other damages if they are based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the contractual objective. In the case of a simple negligent breach of essential contractual obligations, however, we are only liable for the damage that is typical for the contract and foreseeable.

These restrictions also apply to our legal representatives and vicarious agents if claims are asserted directly against them. The provisions of the Product Liability Act remain unaffected.

(1) We are only liable in the event of intent, gross negligence, negligent injury to life, body or health or in the event of slightly negligent breach of an essential contractual obligation, and only in the case of paid services or the sale of products. An "essential contractual obligation" means an obligation whose fulfillment is a basic requirement for the proper implementation of the agreement and on which you normally rely and can reasonably rely. Our liability for slightly negligent breach of an essential contractual obligation is limited to the amount of usual and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected.

(2) The above provisions apply to our contractual liability (including liability for wasted expenditure) and non-contractual liability (including liability for tort) as well as to liability arising from transactions prior to the conclusion of the contract (culpa in contrahendo). They also apply to the benefit of our managing directors, senior managers or other legal representatives, employees and vicarious agents.

Storage of online payment details

You can save a preferred payment method for future use. In this case, we will store those payment details in accordance with applicable industry standards, if any (e.g. PCI, DSS). You can identify your saved card by its last four digits.

guarantee

If guarantees are provided, these are guaranteed by the manufacturer or can be traced back to the partner company. The guarantee does not apply to natural wear and tear or damage caused by the buyer. Buyers who resell the products for commercial purposes are excluded from the guarantee.

Retention of title

As long as the goods have not been paid for in full, they remain our property. Consumers are not permitted to resell the goods before all liabilities arising from the purchase have been settled.

If the customer has purchased the goods as part of his commercial or independent professional activity, he may resell them in the normal course of business. In doing so, he hereby assigns to us all claims from the resale in the amount of the invoice value of our claim. We hereby accept the assignment. The buyer retains the right to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the buyer does not default on payment.

intellectual property rights

We reserve the industrial property rights and copyrights to all products, images and other documents supplied by us. Any imitation by third parties requires our special permission.

Alternative dispute resolution

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr

Vouchers, gift cards and other offers

Coupons, gift cards or discounts and other offers may be available from time to time for our products ("Offers"). Such Offers are only valid for the period specified in such Offer. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission.

Member account

(1) To access and use certain areas and features of our Site, you must first register and create an account ("Member Account"). You must provide accurate and complete information when registering your Member Account.

(2) If someone other than you accesses your Member Account and/or settings, they can perform any action available to you, including making changes to your Member Account. We therefore strongly advise you to keep your Member Account login information safe. Such activities can be deemed to have been carried out for you and on your behalf, and you alone can be responsible for any activities that occur under your Member Account, whether or not expressly authorized by you, and for any damages, expenses, and losses that result from them. You will be liable for activities related to your Member Account in the manner described if you have negligently enabled the use of your Member Account by failing to exercise reasonable care in protecting your login information.

(3) You may create and access your member account through a dedicated website or through a third-party platform such as Facebook (the “Social Network Account”). If you log in through a Third-Party Platform Account, you hereby grant us access to certain information about you stored in your Social Network Account.

(4) We may permanently or temporarily block or suspend your access to the Member Account, without liability to you, in order to protect us, our Site and our Services or other users, for example if you violate any provision of these Terms or any applicable law or regulation in connection with your use of the Site or your Member Account. This may be done without notice if circumstances require immediate action, in which case we will inform you as soon as possible. In addition, we reserve the right to terminate your Member Account with two months' notice by email, for example if we discontinue our Member Account program. You may stop using it and request deletion of your Member Account at any time by contacting us.

Intellectual property rights

(1) Our Services and related content (and any derivative works or improvements thereof), including without limitation all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, brand names and trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by us (collectively, "Our Intellectual Property Rights"), and nothing in these Terms grants you any rights in or to our Intellectual Property Rights. Except as expressly set forth herein or required by mandatory law for use of the Services, you acquire no right, title or interest in or to our Intellectual Property Rights. All rights not expressly granted in these Terms are expressly reserved.

(2) If the Products include digital content, such as music or videos, you are granted the rights as set out with respect to such content on the Site.

Disclaimer of Warranties for Use of the Site and Services

The Services, our intellectual property rights and all information, materials and content provided in connection therewith and made available to users free of charge are provided "as is" and "as available" without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties with respect to the security, reliability, timeliness, accuracy and performance of our Services, among others) - except in cases of malicious non-disclosure of defects. We do not guarantee that free Services will be provided without interruption or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates. The warranty for products you purchase from us as set out in the "Warranty for Products" section above remains unaffected.

exemption

You agree to defend, indemnify and hold us harmless from and against all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including, without limitation, any use in violation of the restrictions and requirements set forth in the "Permitted Use" section, unless such circumstances are not due to your fault.

Changes to the Terms and Services; Termination

We reserve the right to change these Terms from time to time at our sole discretion to reflect changes in the law, additional features we may introduce, or as we otherwise develop our business. Therefore, you should review these Terms regularly, and in any event during the checkout process when you purchase Products. The new Terms will apply to any new order you place after the effective date of the new Terms. If any ongoing services you use are affected by the changes to the Terms, we will do so taking into account your legitimate interests as appropriate. We will give you reasonable advance notice of such changes. The changes will be deemed to have been accepted by you if you do not object to those changes within two months of such notice. We will indicate this in our notice. If you object to the changes, we have a special right of termination - without any further obligations to you - which will take effect on the effective date of the changes.

We may change the Services, stop providing the Services or one or more functions of the Services offered, or limit the Services. We may terminate or suspend access to the Services themselves permanently or temporarily - without giving reasons and without further obligations. We will notify you of this in advance, if possible under the circumstances, and we will take your legitimate interests into account appropriately in such measures.

Links to third-party websites

The Services may contain links that allow you to leave the Site. Unless otherwise indicated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for any transmissions received from any linked site. Links to third party sites are provided for information purposes only. The fact that we have included links to other sites does not mean that we endorse their owners or their content.

Applicable law

(1) These terms and conditions are governed by the laws of the [Federal Republic of Germany] (without regard to its conflict of law provisions) and are to be interpreted accordingly. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. In dealings with end consumers within the European Union, the law of the end consumer's place of residence may also be applicable, provided that these are mandatory consumer law provisions.

(2) The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to settle disputes with consumers before alternative dispute resolution bodies.

MISCELLANEOUS

(1) A waiver by either party of any breach or default under these Terms shall not constitute a waiver of any preceding or subsequent breach or default.

(2) The headings used in these Terms and Conditions are for convenience only and have no legal significance.

(3) Unless expressly provided otherwise, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that that part of the Terms shall be struck out and the remaining Terms shall remain unaffected and in full force and effect.

(4) You may not assign your agreement with us under these Terms or all or part of your rights or obligations under them without our prior written consent.

(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us relating to the Services and the sale of Products.

(6) The provisions of these Terms which by their nature are intended to survive any such action by us shall survive, including without limitation provisions relating to indemnification, release, exclusions, limitations of liability and this Miscellaneous Section.