General Terms and Conditions (GTC) for the Online Shop of Sanyulo OÜ
1. Scope of Application
These General Terms and Conditions (GTC) apply to all orders that consumers and businesses (hereinafter "Customers") place via the online shop of "Kraftathlet" of Sanyulo OÜ, Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 3 // 5 // 7, 10145 (hereinafter "Seller").
The brand "Kraftathlet" belongs to Sanyulo OÜ and operates as an authorized reseller for several brands and outside the EU. Various fitness equipment and products can be purchased in the Seller's online shop.
Deviating conditions of the Customer are not accepted. This also applies if the Seller does not expressly object to their inclusion.
The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or independent professional activity. By contrast, a business is any natural or legal person or partnership with legal capacity that acts in the exercise of their commercial or independent professional activity when concluding the contract.
2. Contract Formation
The presentation and advertising of articles in the Seller's online shop do not constitute a binding offer to conclude a purchase contract.
The Customer can select products from the range and collect them in a so-called shopping cart via the "Add to Cart" button. By clicking the "Order Now" button, the Customer submits a binding offer to purchase the goods in the shopping cart. Before sending the order, the Customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the Customer accepts these contractual terms by clicking the "Accept GTC" button, thereby incorporating them into the offer.
The Seller then sends the Customer an automatic confirmation of receipt by email, in which the order is listed again and which the Customer can print out via the "Print" function. The automatic confirmation of receipt merely documents that the Customer's order has been received by the Seller and does not constitute acceptance of the offer. The contract is concluded only through the submission of the declaration of acceptance by the Seller, 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 sends the Customer the contract text (consisting of order, GTC and order confirmation) on a permanent data carrier (email or paper printout) (contract confirmation). The contract text is stored with preservation of data protection.
For certain products, contract formation does not take place directly via the website. The Customer leaves their contact details, and the Seller contacts the Customer to clarify the details.
Orders for deliveries abroad can only be considered from a minimum order value. The minimum order value can be found in the price information provided in the online shop.
Contract formation takes place in German language.
3. Prices
All price information in the online shop are gross prices including statutory sales tax and are understood to be plus applicable shipping costs.
The shipping costs are stated in the price information in the online shop. The price including sales tax and applicable shipping costs is also displayed in the order mask before the Customer sends the order.
If the Seller fulfills the Customer's order through partial deliveries, the Customer only incurs shipping costs for the first partial delivery. If the partial delivery is made at the Customer's request, the Seller charges shipping costs for each partial delivery.
If the Customer effectively revokes their contractual declaration, they may demand the costs already paid for shipping to them (outbound shipping costs) under the statutory conditions.
The goods are shipped by postal service. If the Customer is a consumer, the Seller bears the shipping risk.
In the event of withdrawal from the purchase, the Customer must bear the direct costs of return shipping.
4. Payment Terms
The Customer can pay in the online shop by credit card (via the payment service provider Stripe), by bank transfer, or other payment methods specified in the online shop.
Businesses wishing to order more than one unit of a product are required to complete a special "Wholesale Purchase" form. Upon receipt of the completed form, the Seller will contact the business to grant an individual discount on the purchase. However, this regulation does not apply to all products. The Seller reserves the right to exclude certain products from this regulation.
Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the Customer is already in default by missing the deadline. In this case, the Customer as a consumer must pay default interest of 5 percentage points above the base interest rate per year. If the Customer is a business, the default interest amounts to 9 percentage points above the base interest rate.
The obligation to pay default interest does not exclude the assertion of further default damages by the Seller.
The Seller reserves the right to offer financing options via Klarna and/or other providers.
5. Delivery
The Seller is entitled to make partial deliveries insofar as this is reasonable for the Customer.
Delivery times stated by the Seller are calculated from the time of order confirmation, provided the purchase price has been paid in advance (except in the case of invoice purchase). Delivery varies depending on product and supplier. The respectively applicable delivery conditions are stated on the product page.
Insofar as no delivery time or no deviating delivery time is specified for the respective goods in the online shop, it is a pre-agreed delivery time.
If no copies of the product selected by the Customer are available at the time of order, the Seller informs the Customer of this immediately in the order confirmation. If the product is permanently not deliverable, the Seller refrains from issuing a declaration of acceptance. A contract does not come into being in this case.
If the product specified by the Customer in the order is only temporarily unavailable, the Seller also informs the Customer of this immediately in the order confirmation.
Initially, delivery takes place only within Germany. From the end of the first quarter of 2025, deliveries to Austria and other EU countries will also be offered.
The Seller endeavors to comply with the stated delivery times. Should delays occur, the Customer will be informed immediately.
6. Retention of Title
The goods remain the property of the Seller until full payment has been made.
7. Warranty
The Seller is liable for material defects or defects of title of delivered articles in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The statute of limitations for statutory defects is two years and begins with the delivery of the goods. If the Customer is a business, the warranty period for goods delivered by the Seller is 12 months.
Any seller warranties given by the Seller for certain articles or manufacturer warranties granted by manufacturers for certain articles are in addition to claims for material defects or defects of title within the meaning of paragraph 1. Details of the scope of such warranties result from the warranty conditions that may be enclosed with the articles.
8. Liability
The Customer's claims for damages are excluded. Excluded from this are the Customer's claims for damages from injury to life, body, health or from breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or gross negligent breach of duty by the Seller, their legal representative or vicarious agent. Essential contractual obligations are those whose performance is necessary to achieve the purpose of the contract.
In the event of breach of essential contractual obligations, the Seller is liable only for the contractually typical, foreseeable damage if it was caused by simple negligence, unless these are claims for damages by the Customer from injury to life, body or health.
The limitations in paragraphs 1 and 2 also apply in favor of the legal representative and vicarious agent of the Seller if claims are asserted directly against them.
The liability limitations resulting from paragraphs 1 and 2 do not apply insofar as the Seller has fraudulently concealed the defect or has assumed a warranty for the quality of the thing. The same applies insofar as the Seller and the Customer have reached an agreement on the quality of the thing. The provisions of the Product Liability Act remain unaffected.
9. Special Features for Individual Brands
The Seller is an authorized reseller for several brands. Each brand has its own guidelines regarding shipping, returns, cancellation and refunds. These guidelines may vary depending on the brand and are binding on the Customer.
The specific guidelines of the individual brands are listed on the respective product pages and in the respective product documentation and are part of these GTC. The Customer undertakes to carefully read and observe the respective guidelines of the brands before purchase.
In the event of deviations between the Seller's GTC and the specific guidelines of the individual brands, the guidelines of the respective brand take precedence. This applies in particular, but not exclusively, to regulations regarding shipping costs, return periods, cancellation conditions and refund modalities.
The Seller assumes no liability for any damages or losses arising from the Customer's non-compliance with the specific guidelines of the individual brands. The Customer is solely responsible for informing themselves about the respective conditions and complying with them.
Changes to the specific guidelines of the individual brands are communicated to the Customer on the corresponding product pages and in the product documentation. The Customer is advised that it is their duty to inform themselves about changes and to observe them.
Should individual provisions of the specific guidelines of the brands be or become invalid, the validity of the remaining provisions remains unaffected. Instead of the invalid provision, a regulation corresponding to the meaning and purpose of the invalid provision is deemed agreed.
In case of discrepancies or conflicts between the specific guidelines of the brands and these GTC, the parties will attempt to find an amicable solution. Should this not be possible, the statutory provisions apply.
10. Professional Installation
The Seller currently only sells products without installation service. Should a product with professional installation be offered in the future, this will be expressly stated in the product details and the corresponding contractual terms. The Customer will be informed of the availability of an installation service before purchase.
For products that require professional installation, the Seller will either offer an installation service themselves or refer to qualified third-party providers. The selection of the installation service is made to the best knowledge and belief of the Seller. The costs and conditions for this service will be communicated to the Customer in advance and must be confirmed in writing by the Customer before using the installation service.
The Seller is not liable for damages resulting from improper installation by the Customer or by unqualified third parties. The Customer is obligated to have the installation carried out exclusively by qualified specialist personnel. The Seller recommends observing the instructions and guidelines of the respective manufacturer during installation.
Insofar as the Seller arranges an installation service through third parties, the Seller is liable only for the proper selection and instruction of the third party. Further liability of the Seller for the installation services provided by third parties is excluded, insofar as mandatory statutory provisions do not provide otherwise.
The Customer has ensured that the local conditions are suitable for the installation of the products. The Seller assumes no responsibility for delays or additional costs arising from insufficient or unsuitable installation conditions at the installation site.
In the event of a defect in the installation service provided by the Seller or a third party commissioned by them, the statutory warranty rights apply. The Customer must notify the Seller of defects immediately and give them the opportunity to remedy them.
The Seller reserves the right to change the conditions for the installation service at any time. Changes will be communicated to the Customer in good time and require the Customer's consent if they occur after conclusion of the contract.
11. Data Protection
Detailed information on data protection at the Seller, in particular on the scope of processing of customer data and on statutory rights, can be found by customers in the privacy policy at: https://www.kraftathlet.de/pages/datenschutzerklarung
12. Right of Withdrawal
Consumers have a right of withdrawal in accordance with statutory provisions. Businesses are not granted a voluntary right of withdrawal.
Withdrawal Notice
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us
Company: Sanyulo OÜ
Address: Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 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 post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but it is not required.
To preserve the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we shall refund to you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery we offer), without undue delay and in any event not later than fourteen days from the day on which the notification of your withdrawal of this contract was received by us. For this refund, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged a fee for this refund.
We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods or hand them over to us
Company: Sanyulo OÜ
Address: Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 3 // 5 // 7, 10145, Estonia
Email: customersuccess@kraftathlet.de
Phone number: +498000008929
WhatsApp: +4366567105401
without undue delay and in any event not later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods away before the fourteen-day period has expired. You bear the direct costs of returning the goods. You must only bear the cost of any loss in value of the goods if this loss of value is due to handling not necessary for testing the nature, properties and functioning of the goods.
The right of withdrawal does not exist for the following contracts:
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Contracts for the delivery of goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
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Contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.
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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 removed after delivery.
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Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
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Contracts for the delivery of alcoholic beverages whose price was agreed at the time of contract formation, which can be delivered at the earliest 30 days after contract formation and whose current value depends on market fluctuations over which the business has no influence.
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Contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
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Contracts for the delivery of newspapers, magazines or periodicals with the exception of subscription contracts.
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Contracts for the delivery of goods whose price depends on financial market fluctuations over which the business has no influence and which may occur within the withdrawal period.
Model Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and send it back.)
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To: Sanyulo OÜ
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Address: Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 3 // 5 // 7, 10145, Estonia
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Phone number: +498000008929
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WhatsApp: +4366567105401
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I/We () hereby withdraw from the contract for the sale of the following goods ()/for the provision of the following service () concluded by me/us ()
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Ordered on ()/received on ()
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Name of the consumer(s)
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Address of the consumer(s)
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Signature of the consumer(s) (only for notification on paper)
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Date
(*) Delete as appropriate.
13. European Dispute Resolution for Consumers
The Seller points out the online dispute resolution for consumers in accordance with Art. 14 para. 1 ODR Regulation: The European Commission provides a platform for online dispute resolution (OS), which customers can access at http://ec.europa.eu/consumers/odr/. Here one can enter into out-of-court settlement of consumer disputes arising from online contracts.
The Seller is neither willing nor obliged to participate in a dispute resolution procedure before a consumer mediation body.
14. Environmental Protection
The Seller cooperates with environmental protection organizations in order to make a contribution to environmental protection.
The Seller uses environmentally friendly packaging and shipping methods insofar as this is economically and logistically feasible.
Customers are encouraged to dispose of the packaging of received products in an environmentally responsible manner and to use recycling options.
The Seller continuously strives to improve its business practices with regard to sustainability and environmental protection. Customers will be informed of significant changes.
15. Final Provisions
The law of the Republic of Estonia applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.
The place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller is the registered office of the Seller, provided the Customer is a merchant, a legal entity under public law or a special fund under public law.
16. Mobile Usage Terms
Kraftathlet
Status: November 23, 2024
The mobile messaging service of Kraftathlet (the "Service") is operated by Kraftathlet ("Kraftathlet," "we," or "us"). Your use of the Service is contingent upon your agreement to these terms ("Mobile Usage Terms"). We reserve the right to change or discontinue the Service or individual features thereof without prior notice. To the extent permitted by law, we may change these Mobile Usage Terms at any time. Your continued use of the Service after such changes take effect 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 to the mobile phone number you provide, even if your number is registered on a state or federal "Do Not Call" list. Text messages may be sent via an automatic telephone dialing system or other technologies. Service-related messages may include updates, notifications, and information (e.g., order status, account notifications, etc.). Marketing messages may include offers, special promotions, and other marketing activities (e.g., shopping cart reminders).
You understand that enrollment in this program is not required to make purchases, and that your consent is not a condition of purchase from Kraftathlet. Your participation in this program is entirely voluntary.
We do not charge a fee for the Service, but you are responsible for all costs and charges incurred by your mobile service provider for SMS/text messages. Message frequency varies. Message and data rates may apply. Please check your mobile service plan and contact your mobile service provider for further details. You are solely responsible for all charges associated with SMS/text messages, including charges from your mobile service provider.
You may unsubscribe from the Service at any time. Send the keyword "STOP" as a text message to Kraftathlet or click (if available) the unsubscribe link in a text message to end your participation. You will receive a one-time confirmation message for unsubscribing. After that, no further messages will be sent to your mobile device unless you initiate contact again. If you have subscribed to other mobile messaging services from Kraftathlet and wish to cancel them, you must (to the extent permitted by law) unsubscribe separately by following the instructions in the respective terms of use.
For support or assistance related to the Service, send "HELP" to Kraftathlet or email us at customersuccess@kraftathlet.de.
We may change the short code or phone number we use for the Service at any time and will inform you of these 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 service providers supporting the Service are not liable for delayed or undelivered messages. You ensure that we receive a valid mobile phone number. Should you receive a new mobile phone number, you must re-enroll in the program with the new number.
To the extent permitted by law, you agree that we are not liable for erroneous, delayed, or misdirected transmission of information as part of the Service, errors in such information, and/or actions you take or fail to take based on the information or the Service.
We respect your right to privacy. Information about how we collect and use your personal data can be found in our privacy policy at: https://www.kraftathlet.de/pages/datenschutzerklarung
17. Additional Legal Information
For more information about our policies and legal details, please visit:
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Return Policy: https://www.kraftathlet.de/pages/ruckgaberecht-bei-kraftathlet
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Accessibility Statement: https://www.kraftathlet.de/pages/barrierefreiheitserklarung
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Shipping Policy: https://www.kraftathlet.de/pages/versandrichtlinien
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Delivery to Switzerland: https://www.kraftathlet.de/pages/lieferung-in-die-schweiz