Section 1 – Provider, inclusion by reference of the General Terms and Conditions

(1) The Provider and contracting party for the services presented on our website is fitnessRAUM.de GmbH für Sport und Fitness online, Kirchstraße 18, 69115 Heidelberg, phone 06221 - 868 110, e-mail info@fitnessraum.de (referred to hereinbelow as the “Provider”, “we” or “us” for short).

(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Provider and the respective Customer. We hereby object to any terms and conditions that the Customer may have established and that contradict the present General Terms and Conditions.

Section 2 – Services offered and conclusion of contract

(1) The selection of an offer, conclusion of contract and implementation of the agreement shall all take place in German or English to the Customer’s discretion.

(2) The Provider is making a binding offer for providing the services presented on the website. By transmitting the order using the button “zahlungspflichtig bestellen” the Customer accepts the Provider’s offer. The Provider shall confirm the conclusion of the contract by e-mail (contract confirmation).

(3) Before finally placing the purchase order, the Customer is shown an overview of the data recorded for his order, including the essential characteristics of the services. At this point, the Customer may check the data for any incorrect input and, if necessary, go back one or more steps in the order process to change the data or completely discontinue the order.

(4) After conclusion of the contract, the Provider sends the content of the contract (contract text) to the Customer by e-mail. At the same time, the Provider stores the contract text in his electronic data processing. As the Customer cannot access the Provider’s data, it is the Customer’s responsibility to save the e-mail with the contract text for later reference.

Section 3 – Prices and payment

(1) All product prices are total prices. Prices include VAT.

(2) The Customer can use the following payment method for his order: Advance payment by bank transfer.

(3) The Provider shall only perform his service when the Customer has made payment. In this respect, the customer is obliged to pay in advance.

(4) The Provider reserves all rights regarding the digital contents until the Customer has paid their purchase price in full.

(5) For services provided towards customers outside the European Union, the Customer may be obliged to pay import tax to his local tax authority (“Reverse Charge”). The Provider has no means of influencing this local tax.

Section 4 – Access requirements, up-time

(1) The reception of digital content requires that the Customer has an internet connection. The Provider points out that the Customer’s network supplier may charge the Customer extra costs for the data traffic; the Provider has no means of influencing them.

(2) For digital content offered for download and for other services provided online, the provider shall grant an up-time of the download or other web server of 99% on average over a calendar month.

(3) The Customer shall be provided with the necessary access data after payment of the agreed fee.

(4) It is the Customer’s responsibility to keep the access information protected from access by third parties. If a third party uses the access information, the Provider may preclude simultaneous access by the Customer.

(5) Participation in a live online session requires that the participant has an Internet-capable terminal and an Internet connection with a download bandwidth of at least 6 MBit/s. If it is an interactive live online session, in which the participant wants to transmit his camera image and sound to the Provider or other participants, the participant also needs a suitable webcam and microphone as well as an upload bandwidth of at least 6 MBit/s.

(6) The provider’s services do not qualify as distance learning within the meaning of § 1 FernUSG (German Distance Learning Act).

(7) Recording video and/or audio data of a live online session is not permitted.

Section 5 – Contract term and Termination

(1) The customer can make use of the provider’s services for as long as the contract is in effect.

(2) The contract is concluded with an initial term of 3 months (minimum contract term) and is subsequently extended for an indefinite period.

(3) The contract may be terminated subject to a notice period of two weeks, however no earlier than with effect from the end of the minimum contract term.

(4) The right to extraordinary termination for good cause remains unaffected.

(5) The termination shall only be effective if made in text form (e.g. email or letter). Alternatively, the customer can also give effective notice of termination using the provider's online termination form.

Section 6 – Right of withdrawal for consumers

(1) A Customer ordering as consumer may be entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.

(2) The pre-requisites and legal consequences of the German stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence outside of Germany also in those cases in which the consumer’s national law does not provide for a right of withdrawal or provides for a shorter withdrawal period or for stricter requirements as to form.

(3) The details result from the withdrawal information.

Section 7 – Warranty

Warranty claims shall be governed by the statutory regulations.

Section 8 – Out-of-court Dispute Resolution

(1) For settling consumer disputes out-of-court, the European Union offers a platform for online dispute resolution (“ODR platform“) at ec.europa.eu/consumers/odr. 

(2) We are neither obliged nor willing to participate in consumer dispute resolution proceedings.

Section 9 – Final provisions

(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.

(2) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.

2025-03-12