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Dr. WOLFF Terms & Conditions

General Terms and Conditions (GTC) of Dr. WOLFF® Sports & Prevention GmbH, PO Box 2767, 59717 Arnsberg

§1 Scope

These Terms and Conditions (GTC) apply to the contracts concluded between you and us, Dr. WOLFF® Sports & Prevention GmbH, via this online shop. Separate GTC apply to the business areas integrated into Dr. WOLFF® Sports & Prevention GmbH, which are located in the respective areas.

The terms and conditions for resellers (e.g., dealers, specialist retail partners, distributors) and for customers who use Dr. WOLFF equipment commercially (e.g., fitness studios, hotels, physiotherapy) may vary. Deviations will be concluded in separate contracts with the partners.

§2 Applicable law, mandatory consumer protection provisions

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, if

  1. (a) you have your habitual residence in Germany, or
  2. (b) your habitual residence is in a state that is not a member of the European Union.

If you have your habitual residence in a member state of the European Union, German law also applies, without prejudice to mandatory provisions of the state in which you have your habitual residence.

§3 Conclusion of the contract

  1. (1) The presentation of goods and services in our online shop does not constitute a legally binding offer, but rather an invitation to order (invitatio ad offerendum).
  2. (2) By clicking the "Order with payment" button in the last step of the ordering process, you submit a binding offer to purchase or book the goods and/or services displayed in the order overview. Immediately after submitting your order, you will receive an order confirmation, which, however, does not constitute acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your order and/or booking by a separate email or ship the goods. Please check the spam folder of your email inbox regularly.

§4 Technical steps up to the conclusion of the contract and correction of input errors

During the ordering process, you first place the desired goods or services in your shopping cart. There, you can change the desired quantity at any time or remove selected goods or services entirely. If you have stored goods or services there, clicking the "Next" button will take you to a page where you can enter your data and then select the shipping and payment method. Finally, an overview page will open where you can review your information. You can correct any input errors (e.g., regarding payment method, data, or the desired quantity) by clicking "Edit" in the respective field. If you wish to cancel the ordering process completely, you can also simply close your browser window. Otherwise, after clicking the "Order with payment" confirmation button, your declaration becomes binding within the meaning of Section 3, Paragraph 2 of these Terms and Conditions.

§5 Storage of the contract text

The contractual terms and conditions, including information on the ordered goods and/or services booked, including these General Terms and Conditions and the cancellation policy, will be sent to you by email upon acceptance of the contract offer or upon notification of this. We do not store the contractual terms and conditions.

§6 Registration in our online shop; processing of your personal data

You can order goods or services in our online shop as a guest or as a registered user. As a registered user, you do not have to provide your personal information each time. Instead, you can simply log in to your customer account before or during an order using your email address and the password you freely chose during registration. Registration alone does not create any obligation to purchase the goods we offer. For information on how we process your data, please read our privacy policy, which you can access at the following link:
https://www.dr-wolff.com/de/datenschutz/

§7 Payment terms

The purchase price is due immediately upon ordering. Payment for goods can be made by credit card (we use the SSL transmission method to encrypt your personal data), by prepayment, cash on delivery, or through our payment service provider.

§8 Retention of title

The goods remain our property until full payment has been made.

§9 Delivery conditions

We will deliver the goods according to the agreements made with you. Any shipping costs incurred are listed in the product description and will be separately stated on the invoice. Should we be unable to meet an agreed delivery date, you must grant us a reasonable grace period, which must not be less than two weeks.

§10 Right of withdrawal

As a consumer, you have a right of withdrawal in accordance with the information listed in the appendix and available at https://www.dr-wolff.com/de/widerruf/. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed (Section 13 of the German Civil Code).

§11 Warranty for purchases of goods

  1. (a) We reserve the right to make color and grain variations in the wood surfaces for spare parts deliveries and subsequent deliveries. Deviations in the color of the wood must be expected for subsequent deliveries and replacement part deliveries. Wood is a natural material and changes its color depending on external circumstances.
  2. (b) If the goods purchased and delivered in our online shop are defective, you are entitled, within the scope of the statutory provisions, to demand subsequent performance, withdraw from the contract, or reduce the purchase price.
  3. (c) The limitation period for warranty claims for delivered goods is generally two years from receipt of the goods. Claims for defects that we have fraudulently concealed shall expire within the regular limitation period.
  4. (d) You are also entitled to rights due to defects within the scope of a quality and/or durability guarantee, provided that we have provided such a guarantee with regard to the sold item in the individual case or in these Terms and Conditions expressly as such with the term "guarantee" beyond the statutory liability for defects.

§12 Limitation of liability

  1. (1) We are liable for intent and gross negligence. We are also liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which jeopardizes the achievement of the contract's purpose, and on whose compliance you, as the customer, may regularly rely. In the latter case, however, we are only liable for foreseeable, typical damages. The same applies to breaches of duty by our vicarious agents.
  2. (2) Claims for damages due to obvious material defects in the delivered goods are excluded if you do not notify us of the defect within two weeks of delivery of the goods.
  3. (3) The above exclusions of liability do not apply in the event of injury to life, limb, or health. Liability under the Product Liability Act remains unaffected.

§13 Durability guarantee

  1. (1) Our products are subject to strict quality control. However, wood is a natural product. Should there ever be cause for complaint about a piece of equipment purchased from us, we regret this very much and ask you to contact our customer service. We, Dr. Wolff Sports and Prevention GmbH, provide a guarantee for the wooden frames/parts of our equipment in accordance with the following conditions. Warranty claims for defects and any other statutory rights are not affected by this guarantee.
  2. (2) We provide a guarantee for a period of two years in accordance with the following provisions for defects in the wooden frames/parts of our equipment. The guarantee period begins with the purchase by the original purchaser. The date on the original purchase receipt is decisive. The prerequisite is that you register within four weeks of purchasing your equipment, stating the serial number, on our website https://www.dr-wolff.com/de/. The warranty is valid within the European Union and Switzerland.
  3. (3) Excluded from the warranty are defects resulting from improper use, environmental influences (humidity, heat, overvoltage, dust, etc.), failure to observe the applicable safety precautions for the device, failure to follow the operating instructions, the use of force (e.g., impact, shock, drop), interventions not carried out by an authorized service address, unauthorized repair attempts, or sending the device in packaging that is not safe for transport.
  4. (4) The warranty claim must be asserted within the warranty period. For this purpose, the affected device must be presented or sent with a copy of the purchase receipt. If you send devices to us yourself, you will bear the transport costs and transport risk.
  5. (5) The defect recognized by us as covered by the warranty will be remedied by us, at our discretion, repairing or replacing the defective part or device. Replaced parts or devices become our property. Warranty service neither extends nor renews the warranty period.

§14 Place of jurisdiction; online and alternative dispute resolution; severability clause

  1. (1) If you had your residence or habitual abode in Germany at the time the contract was concluded and either moved from Germany at the time we filed the lawsuit, or your residence or habitual abode is unknown at that time, the place of jurisdiction for all disputes shall be our company headquarters in 59717 Arnsberg.
  2. (2) The European Commission provides a platform for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr/. Our email address is: info[at]waterrower.de
  3. (3) We are neither obligated nor willing to participate in dispute resolution proceedings under the Consumer Dispute Resolution Act (VSBG).
  4. (4) Should individual provisions of this contract be invalid, this shall not affect the remainder of the contract.

Dr. WOLFF® Sports & Prevention GmbH
PO Box 2767
D-59717 Arnsberg
Telefon: +49 (0) 29 32 - 47 57 4 - 0
Telefax: +49 (0) 29 32 - 47 57 4 - 44
E-Mail: info [at] dr-wolff.de
www.dr-wolff.de

Managing Director: Dominik Kuprecht
Commercial Register AG Arnsberg
HRB 1612
VAT Nr. DE 184091514