For the Sanyulo OÜ online store
1. Scope
These General Terms and Conditions (GTC) apply to all orders placed by consumers and businesses (hereinafter “Customers”) through the “Kraftathlet” online store operated by Sanyulo OÜ, Harju County, Tallinn, Kesklinna District, Tornimäe tn 3 // 5 // 7, 10145 (hereinafter “Seller”).
The “Kraftathlet” brand is owned by Sanyulo OÜ and acts as an authorized dealer for several brands both within and outside the EU. Various fitness equipment and products can be purchased through the seller’s online store.
Any terms and conditions of the customer that differ from these will not be recognized unless the seller expressly agrees to their validity in writing. This applies even if the seller does not expressly object to their validity.
A “customer” is a consumer to the extent that the purpose of the ordered goods and services cannot be attributed predominantly to either the customer’s commercial or self-employed professional activities. A “business entity,” on the other hand, is any natural person, legal entity, or partnership with legal capacity that, at the time the contract is concluded, is acting in the course of its commercial or self-employed professional activities.
2. Conclusion of the Contract
The display and promotion of items in the seller's online store do not constitute a binding offer to enter into a sales contract.
The customer may select products from the seller’s product range and add them to a “shopping cart” by clicking the “Add to Cart” button. By clicking the “Buy Now” button, the customer submits a binding offer to purchase the items in the shopping cart. Before submitting the order, the customer may review and modify the order details at any time. The offer can only be submitted and transmitted if the customer accepts these Terms and Conditions by clicking the “Accept Terms and Conditions” button and thereby incorporates them into their offer.
The seller then sends the customer an automatic confirmation of receipt via email, which lists the customer’s order again and which the customer can print using the “Print” function. The automatic confirmation of receipt merely documents that the seller has received the customer’s order and does not yet constitute acceptance of the offer. The contract is not concluded until the seller issues a declaration of acceptance, which is sent in a separate email (order confirmation). In this email or in a separate email—but no later than upon delivery of the goods—the seller will send the customer the text of the contract (consisting of the order, the General Terms and Conditions, and the order confirmation) on a durable medium (email or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.
For certain products, the contract is not concluded directly through the website. In this case, the customer provides their contact information, and the seller contacts the customer to clarify further details.
Orders with international shipping can only be processed if they meet a certain minimum order value. The minimum order value is based on the prices listed in the online store.
The contract is concluded in German.
3. Prices
All prices listed in the online store are gross prices that include the applicable statutory sales tax and do not include any shipping costs that may apply.
Shipping costs are listed in the price information in the online store. The total price, including sales tax and applicable shipping costs, is also displayed in the order summary before the customer submits the order.
If the seller fulfills the customer’s order through partial shipments, shipping charges apply only to the first partial shipment. If the partial shipment is made at the customer’s request, the seller will charge shipping fees for each partial shipment.
If the customer exercises his or her statutory right of withdrawal, he or she may, subject to the statutory conditions, request a refund of the shipping costs already paid for delivery to him or her (outbound shipping costs).
The goods are shipped via a parcel service or freight carrier. If the customer is a consumer, the seller bears the shipping risk.
In the event of a valid cancellation, the customer is responsible for the direct costs of returning the goods.
4. Terms of Payment
Customers can pay in the online store by credit card (via the payment service provider Stripe), by bank transfer, or using other payment methods listed in the online store.
Businesses that wish to order more than one unit of a product are required to fill out a separate “wholesale form.” Upon receipt of the completed form, the seller will contact the business to grant a customized discount on the purchase. This policy does not apply to all products; the seller reserves the right to exclude certain products from this policy.
The purchase price is due immediately upon conclusion of the contract. If a specific due date is set for payment, the customer is in default simply by missing that date. In this case, the consumer must pay late payment interest at a rate of 5 percentage points above the base rate per year. If the customer is a business, the late payment interest rate is 9 percentage points above the base rate.
The obligation to pay late-payment interest does not preclude the seller from claiming additional damages resulting from the delay.
The seller reserves the right to offer financing options through Klarna and/or other providers.
5. Delivery
The seller is entitled to make partial deliveries, provided that this is reasonable for the customer.
The delivery times specified by the seller are calculated from the time the order is confirmed, provided that the purchase price has been paid in full beforehand (except for purchases on account). Delivery times vary depending on the product and supplier; the applicable delivery terms are listed on the product page.
Unless a different delivery time is specified for the respective product in the online store, or no delivery time is specified at all, the agreed-upon delivery time shall apply.
If no units of the product selected by the customer are available at the time the customer places the order, the seller shall promptly notify the customer of this in the order confirmation. If the product is permanently out of stock, the seller shall refrain from issuing a declaration of acceptance; in this case, no contract is formed.
If the product specified by the customer in the order is only temporarily unavailable, the seller shall also notify the customer of this immediately in the order confirmation.
Initially, delivery will be available only within Germany. Starting at the end of the first quarter of 2025, delivery will also be offered to Austria and other EU countries.
The seller will make every effort to meet the specified delivery times. However, should any delays occur, the customer will be notified immediately.
6. Retention of Title
The delivered goods remain the property of the seller until full payment has been made.
7. Warranty
The Seller is liable for material defects and defects of title in the delivered items in accordance with applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). The statute of limitations for statutory claims for defects is two years and begins upon delivery of the goods. If the Customer is a business, the warranty period for goods delivered by the Seller is 12 months.
Any seller’s warranties provided by the seller for certain items or manufacturer’s warranties granted by the manufacturer for certain items are in addition to claims for material defects or defects of title. The scope of such warranties is set forth in the respective warranty terms and conditions, which may be included with the items.
8. Liability
The customer’s claims for damages are excluded. Exceptions to this are the customer’s claims for damages arising from injury to life, limb, or health, or from a breach of material contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the seller, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may reasonably rely.
In the event of a breach of material contractual obligations, the seller shall be liable only for foreseeable damages typical for this type of contract, provided that such damages were caused by simple negligence, unless the customer’s claims for damages arise from injury to life, body, or health.
The limitations set forth in this section also apply in favor of the Seller’s legal representatives and agents if claims are asserted directly against them.
The limitations of liability do not apply if the seller has fraudulently concealed a defect or has provided a warranty regarding the quality of the item. The same applies if the seller and the customer have entered into an agreement regarding the quality of the item. The provisions of the Product Liability Act remain unaffected.
9. Special Provisions for Individual Brands
The seller is an authorized dealer for several brands. Each brand has its own policies regarding shipping, returns, cancellations, and refunds. These policies may vary by brand and are binding on the customer.
The specific guidelines for each brand are listed on the respective product pages and in the respective product documentation and form an integral part of these Terms and Conditions. The customer agrees to carefully read and comply with the respective brand guidelines before making a purchase.
In the event of any discrepancies between these Terms and Conditions of the Seller and the specific policies of individual brands, the policies of the respective brand shall take precedence. This applies in particular, but not exclusively, to provisions regarding shipping costs, return periods, cancellation terms, and refund procedures.
The seller assumes no liability for any damage or loss resulting from the customer's failure to comply with the specific guidelines of the individual brands. The customer bears sole responsibility for familiarizing themselves with and complying with the respective terms and conditions.
Changes to the specific guidelines for each brand will be communicated to the customer on the relevant product pages and in the product documentation. It is the customer’s responsibility to stay informed about these changes and to comply with them.
If any provision of the brand-specific guidelines is or becomes invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that most closely approximates the intent and purpose of the invalid provision.
In the event of any inconsistencies or conflicts between the specific brand guidelines and these Terms and Conditions, the parties shall endeavor to reach an amicable agreement. If this is not possible, the provisions of applicable law shall apply.
10. Professional Installation
The seller currently sells only products without an installation service. If a product is offered in the future that includes professional installation, this will be explicitly stated in the product details and the applicable terms and conditions. The customer will be informed of the availability of an installation service prior to purchase.
For products that require professional installation, the seller either provides an installation service itself or refers the customer to qualified third-party providers. The seller selects the installation service provider to the best of its knowledge and belief. The costs and terms for this service are communicated to the customer in advance and must be confirmed in writing by the customer before the installation service is provided.
The seller is not liable for damages resulting from improper installation by the customer or by unqualified third parties. The customer is required to have the installation performed exclusively by qualified professionals. The seller recommends following the respective manufacturer’s instructions and guidelines during installation.
To the extent that the seller arranges for an installation service to be provided by a third party, the seller is liable only for the careful selection and supervision of the third-party provider. Any further liability of the seller for installation services provided by third parties is excluded, unless mandatory statutory provisions provide otherwise.
The customer must ensure that the on-site conditions are suitable for the installation of the products. The seller assumes no responsibility for delays or additional costs resulting from inadequate or unsuitable installation conditions at the installation site.
In the event of defects in an installation service provided by the seller or a third party commissioned by the seller, the statutory warranty rights apply. The customer must report defects immediately and give the seller the opportunity to remedy the defect.
The seller reserves the right to change the terms and conditions for the installation service at any time. The customer will be notified of any changes in a timely manner; if such changes occur after the contract has been concluded, they require the customer’s consent.
11. Data Protection
Customers can find detailed information about the seller's privacy practices—in particular, the scope of customer data processing and their legal rights—in the privacy policy at: https://www.kraftathlet.de/pages/datenschutzerklarung.
12. Right of Withdrawal
Consumers are entitled to a right of withdrawal in accordance with the provisions of the law. Businesses are not granted a voluntary right of withdrawal.
Right of Withdrawal Policy
Right of Withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the goods.
To exercise your right of withdrawal, you must notify us
Company: Sanyulo OÜ
Address: Harju County, Tallinn, Kesklinna District, Tornimäe St. 3 // 5 // 7, 10145, Estonia
Email: customersuccess@kraftathlet.de
Phone number: +498000008929
WhatsApp: +4366567105401
by means of a clear statement (e.g., a letter sent by mail or an email) regarding your decision to withdraw from this contract. You may use the attached sample withdrawal form for this purpose, although its use is not required.
To comply with the cancellation period, it is sufficient for you to send the notice of your intention to exercise your right of cancellation before the cancellation period expires.
Consequences of the Revocation
If you cancel this contract, we must refund all payments we have received from you, including delivery costs (except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without delay and no later than fourteen days from the day we receive notice of your cancellation of this contract.
We will use the same payment method for this refund that you used for the original transaction, unless we have expressly agreed otherwise with you; under no circumstances will you be charged any fees in connection with this refund.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first.
You must return or hand over the goods to us immediately, and in any case no later than fourteen days from the date on which you notify us of your withdrawal from this contract:
Company: Sanyulo OÜ
Address: Harju County, Tallinn, Kesklinna District, Tornimäe St. 3 // 5 // 7, 10145, Estonia
Email: customersuccess@kraftathlet.de
Phone number: +498000008929
WhatsApp: +4366567105401
The deadline is met if you ship the goods before the fourteen-day period expires.
You are responsible for the direct costs of returning the goods.
You are only liable for any loss in value of the goods if such loss is attributable to handling of the goods that goes beyond what is necessary to assess their nature, characteristics, and functionality.
Exceptions to the Right of Withdrawal
The right of withdrawal does not apply to the following contracts:
- Contracts for the delivery of goods that are not prefabricated and for which the consumer’s individual selection or specification is decisive for their manufacture, or that are clearly tailored to the consumer’s personal needs.
- Contracts for the delivery of goods that are likely to spoil quickly or whose expiration date would be quickly exceeded.
- Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been broken after delivery.
- Contracts for the delivery of goods, if, after delivery, such goods have become inseparably mixed with other goods due to their nature.
- Contracts for the delivery of alcoholic beverages whose price was agreed upon at the time the contract was concluded, but which cannot be delivered until at least 30 days after the contract was concluded, and whose current value depends on market fluctuations over which the business owner has no control.
- Contracts for the delivery of audio or video recordings or computer software in sealed packaging, if the seal has been broken after delivery.
- Contracts for the delivery of newspapers, periodicals, or magazines, excluding subscription contracts.
- Contracts for the delivery of goods whose price depends on fluctuations in the financial market over which the business has no control and that may occur within the cancellation period.
Sample Cancellation Form
(If you wish to cancel the contract, please fill out this form and return it.)
To: Sanyulo OÜ
Harju County, Tallinn, Kesklinna District, Tornimäe St. 3 // 5 // 7, 10145, Estonia
Email: customersuccess@kraftathlet.de
Phone number: +498000008929
WhatsApp: +4366567105401
I/We (*) hereby cancel the contract I/we (*) entered into for the purchase of the following goods (*) / the provision of the following service (*):
Ordered on (*) / received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if notifying in writing):
Date:
(*) Delete as appropriate.
13. European Online Dispute Resolution for Consumers
The seller refers to the online dispute resolution procedure pursuant to Article 14(1) of the ODR Regulation: The European Commission provides a platform for online dispute resolution (ODR), which customers can access at http://ec.europa.eu/consumers/odr/. Here, out-of-court dispute resolution procedures arising from online sales contracts can be initiated.
The seller is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
14. Environmental Protection
The seller works with environmental organizations to help protect the environment.
The seller uses environmentally friendly packaging and shipping methods to the extent that it is economically and logistically feasible.
Customers are encouraged to dispose of the packaging materials for the delivered products in an environmentally responsible manner and to take advantage of recycling options.
The seller is committed to continuously improving its business practices with regard to sustainability and environmental protection. Customers will be informed of any significant changes.
15. Final Provisions
The laws of the Republic of Estonia shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Should any provision of these Terms and Conditions be or become invalid, in whole or in part, the validity of the remaining provisions shall remain unaffected.
The place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the seller’s place of business, provided that the customer is a merchant, a legal entity under public law, or a special fund under public law.
16. Mobile Terms of Use
Strength athlete
As of November 23, 2024
The Kraftathlet mobile messaging service (the “Service”) is operated by Kraftathlet (“Kraftathlet,” “we,” or “us”). Your use of the Service constitutes your acceptance of these terms (“Mobile Terms of Use”). We reserve the right to modify or discontinue the Service or any of its features at any time without notice. To the extent permitted by law, we may modify these Mobile Terms of Use at any time. Your continued use of the Service following the effective date of such changes constitutes your acceptance of the changes.
By consenting to Kraftathlet’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Kraftathlet at the mobile phone number you provided, even if your number is listed on a state or national “Do Not Call” list. Text messages may be sent via an automated telephone dialing system or other technologies. Service messages may include updates, notifications, and information (e.g., order status, account notifications, etc.). Promotional messages may include offers, special promotions, and other marketing content (e.g., shopping cart reminders).
You understand that participation in this program is not a prerequisite for a purchase and that your consent is not a condition for purchasing goods from Kraftathlet. Participation in this program is entirely voluntary.
We do not charge a separate fee for this service; however, you are responsible for all costs and fees charged by your mobile carrier for SMS/text messages. The frequency of messages may vary. Message and data rates may apply. Please check your mobile plan and contact your mobile carrier for more information. You are solely responsible for all charges associated with SMS/text messages, including charges from your mobile carrier.
You can unsubscribe from the service at any time. To do so, send the keyword “STOP” via text message to Kraftathlet or (if available) click the unsubscribe link in a text message. You will receive a one-time confirmation message regarding your unsubscription. After that, no further messages will be sent to your mobile device unless you re-subscribe to the service. If you have subscribed to other mobile messaging services from Kraftathlet and would like to cancel those as well, you must—to the extent permitted by law—unsubscribe from each service separately in accordance with its respective terms of use.
For help or support regarding the service, send a text message with “HELP” to Kraftathlet or email us at customersuccess@kraftathlet.de.
We may change the short code or phone number we use to provide the service at any time and will notify you of such changes. You acknowledge that messages—including “STOP” or “HELP” requests—that you send to a changed short code or phone number may not be received. We assume no responsibility for requests made in such messages.
The mobile carriers that support this service are not liable for delayed or undelivered messages. They ensure that we receive a valid mobile phone number from you. If you get a new mobile phone number, you must re-register for the program using the new number.
To the extent permitted by law, you agree that we are not liable for any erroneous, delayed, or misdirected transmissions of information in connection with the Service, nor for any errors in such information and/or any actions you take or fail to take based on the information or the Service.
We respect your right to privacy. For information on how we collect and use your personal data, please see our Privacy Policy at: https://www.kraftathlet.de/pages/datenschutzerklarung.
17. Additional Legal Information
For more information about our policies and legal notices, please visit:
- Return Policy: https://www.kraftathlet.de/pages/ruckgaberecht-bei-kraftathlet
- Legal Notice: https://www.kraftathlet.de/pages/impressum
- Accessibility Statement: https://www.kraftathlet.de/pages/barrierefreiheitserklarung
- Shipping Policy: https://www.kraftathlet.de/pages/versandrichtlinien
- Shipping to Switzerland: https://www.kraftathlet.de/pages/lieferung-in-die-schweiz
18. Force Majeure
The Seller shall not be liable for the impossibility of performance or for delays in performance to the extent that these are attributable to events of force majeure occurring after the conclusion of the contract and for which the Seller is not responsible. Force majeure includes, in particular, events such as natural disasters (e.g., floods, earthquakes), war, terrorist attacks, pandemics, epidemics, strikes, lawful lockouts, government orders, energy and raw material shortages, disruptions to supply chains, or operational disruptions at the seller’s or its suppliers’ facilities that the seller was unable to prevent despite taking reasonable precautions.
If such events prevent the Seller from fulfilling its contractual obligations, the delivery and performance deadlines shall be extended by the duration of the hindrance plus a reasonable grace period. The Seller shall immediately notify the Customer of the occurrence and the expected duration of any event of force majeure.
If the event of force majeure continues uninterrupted for more than 60 days, both the customer and the seller are entitled to withdraw from the contract with respect to the portion affected by the disruption. In this case, any consideration already provided will be refunded. No further claims, in particular claims for damages resulting from the effects of force majeure, shall arise.