General Terms and Conditions of Business and Delivery of Sweat-Off GmbH
1 Scope of application
2 Offer and conclusion of contract
3 Delivery, availability of goods
4 Retention of title
5 Prices and shipping costs
6 Terms of payment
7 Transport damage
8 Guarantee conditions
9 Liability for defects and warranty
10 Liability
11 Settlement of disputes
12 Final provisions
13 Cancellation policy
1 Scope of application
The business relationship between Sweat-Off GmbH (hereinafter referred to as the “Supplier”) and the customer (hereinafter referred to as the “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Any deviating terms and conditions of the Customer shall not be recognised unless the Supplier expressly agrees to their validity in writing.
The Sweat-Off Webshop is aimed exclusively at consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity.
2 Offer and conclusion of contract
The purchase contract is entered into with Sweat-Off GmbH.
(1) The provider’s offers on the Internet do not constitute a binding offer to conclude a purchase contract, but an invitation to place an order (customer’s purchase offer). The customer can submit their offer via the order system integrated in the webshop.
(2) The customer can select the desired products from the provider’s range and collect them in a so-called shopping basket using the “Add to basket” button. The customer can call up the “shopping basket” via the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Proceed to checkout” button and then entering the personal data, as well as the payment and shipping conditions, all order data is displayed again. Only by clicking the button “Order with obligation to pay” at the end of the order process does the customer submit a binding offer. However, the offer can only be submitted and transmitted if the customer ticks the box next to “I have read and accepted the general terms and conditions, the data protection provisions and the cancellation policy” and accepts these contractual terms and conditions, thereby including them in their offer.
Throughout the ordering process, the customer has the opportunity to check all details (e.g. name, address, shipping address and ordered items) again, to change them (also via the “back” function of the Internet browser) or to cancel the purchase.
(3) The point at which the contract with the provider is entered into depends on the payment method chosen by the customer:
- Credit card
When placing the order, the customer enters their credit card details, and the credit card company carries out an authorisation check. Once the customer has been legitimised as the legal cardholder, the payment transaction is automatically initiated, and the customer’s credit card is charged when the order is placed. The contract with the provider is concluded at the time the credit card is charged. - PayPal
After placing the order, the customer is redirected to the website of the online provider PayPal. There the customer can enter the payment details and confirm the payment instruction to PayPal. This concludes the contract with the provider. - Sofort Pay by Klarna
After placing the order, the customer is redirected to the website of the online provider Sofort GmbH, where the customer confirms the payment instruction. This concludes the contract with the provider. - Direct Debit with RatePAY
After placing the order, the customer enters their bank details and agrees to the SEPA direct debit mandate and the payment and data protection provisions of RatePAY GmbH. With the SEPA direct debit mandate, the customer authorises RatePAY GmbH to collect payments from the customers bank account by direct debit. At the same time, the customer instructs their bank to honour the direct debits drawn on his account by RatePAY GmbH. RatePAY reserves the right to carry out a risk analysis. Depending on the result of the risk analysis, the customer can use the respective RatePAY payment method and the contract is entered into. If an effective purchase contract is formed between the customer and the provider when using a RatePAY payment method, the provider assigns its payment claim to RatePAY.
- Purchase on account with RatePAY
After placing the order, the customer selects their payment period and enters their date of birth. In addition, the customer agrees to the payment and data protection provisions of RatePAY GmbH. RatePAY reserves the right to carry out a risk analysis. Depending on the result of the risk analysis, the customer can use the respective RatePAY payment method, and the contract is concluded.
If an effective purchase contract is concluded between the customer and the provider when using a RatePAY payment method, the provider assigns its payment claim to RatePAY.
Confirmation of acceptance of the offer (and thus the formation of the contract) is made by means of a separate order confirmation, in which the customer receives confirmation of the processing of the order or delivery of the products in text form by e-mail.
(4) The contract language is German. No other languages are currently available for the conclusion of the contract.
(5) The text of the contract (order data and GTC) shall be stored by the provider. However, the storage is only temporary or not accessible to the customer, which is why the customer himself must ensure a printout or separate storage.
3 Delivery, availability of goods
(1) If no units of the product selected by the customer are available at the time of the customer’s order, the supplier shall inform the customer of this immediately. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance in this respect. In this case, a contract shall not be entered into.
(2) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he shall immediately reimburse any payments already made by the customer.
(3) The delivery times stated in the offer shall apply as delivery times; these shall commence upon receipt of payment.
(4) The provider delivers to the following countries: Germany, Austria, Switzerland, Belgium, Denmark, France, Luxembourg, Netherlands, Estonia, Latvia, Lithuania, Finland, Ireland, Italy, Poland, Portugal, Sweden, Spain, Czech Republic, Romania, Slovenia, Malta, Slovakia, Bulgaria, Greece, Hungary and Cyprus. Shipments are sent with the logistics partner DPD, unless otherwise stated.
Deliveries are only made via the dispatch route. It is not possible to collect the products yourself. We do not deliver to packing stations.
(5) Shipping costs may apply in addition to the stated product prices. You can find more information on shipping costs here: How high are the shipping costs.
4 Retention of title
The delivered products remain the property of the supplier until full payment has been made.
5 Prices and shipping costs
(1) All prices stated on the provider’s website are final prices and include the applicable statutory VAT.
(2) The corresponding shipping costs are available to the customer via the subpage “How much are the shipping costs” on the provider’s website and are also shown separately during the ordering process. They are borne by the customer. From an order value of EUR 20.00, the supplier delivers to the customer within Germany free of shipping costs.
(3) The products are dispatched by post. The shipping risk is borne by the supplier if the customer is a consumer.
(4) In the event of cancellation, the customer shall bear the regular costs of the return shipment if the delivered products correspond to those ordered.
6 Terms of payment
(1) Only the payment methods displayed to the customer during the order process are accepted.
(1)a Credit card (VISA, Mastercard, American Express)
The customer enters their credit card details during the ordering process. The credit card will be charged immediately after the order is placed.
(1)b PayPal
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), the customer must be registered with PayPal, legitimise themself with their access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. The customer receives further instructions during the order process.
PayPal may offer registered PayPal customers selected according to its own criteria further payment methods in the customer account. However, the provider has no influence on the offering of these modalities; further individually offered payment modalities concern the legal relationship of the customer with PayPal. The customer can find further information on this in his PayPal account.
(1)c Sofort by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, the customer must have a bank account activated for online banking, legitimise themself accordingly and confirm the payment instruction. The account will be debited immediately after the order has been placed. The customer will receive further instructions during the ordering process.
(1)d RatePAY GmbH (purchase on account and direct debit)
In order to be able to offer the customer the purchase on account and via direct debit, the provider works together with RatePAY GmbH, Franklinstraße 28-29, 10587 Berlin (hereinafter “RatePAY”). If an effective purchase contract is concluded between the customer and the provider when using a RatePAY payment method, the provider assigns its payment claim to RatePAY.
If the customer chooses one of the RatePAY payment methods offered here, the customer agrees to the transfer of their personal data and that of the order to RatePAY GmbH for the purpose of identity and creditworthiness checks and contract processing. The customer can find all details in the additional General Terms and Conditions and the Data Protection Notice for RatePAY payment methods, which are part of these General Terms and Conditions and always apply when the customer chooses a RatePAY payment method. If the customer has selected a RatePAY payment method, payments with debt-discharging effect can only be made to RatePAY. The customer can find further details in the RatePAY payment conditions.
(2) The purchase price and shipping costs are due immediately upon conclusion of the contract.
(3) The provider only accepts payments from accounts within the European Union (EU). The provider does not accept money transaction costs from non-EU member states.
7 Transport damage
If products are delivered with obvious transport damage, the customer should complain about such defects to the deliverer as soon as possible and contact the supplier. Failure to lodge a complaint or contact the provider shall have no consequences for statutory claims and their enforcement, in particular warranty rights.
8 Guarantee conditions
(1) If the customer is not satisfied with the provider’s products, they can utilise the 30-day money-back guarantee. It applies exclusively to the provider’s products that were ordered in the provider’s online shop. It does not apply to the provider’s products purchased from other retailers or pharmacies. The guarantee can only be claimed within 30 days of receipt of the goods.
(2) In the event of a warranty claim, there is a one-off option to receive an equivalent replacement product or a refund of the purchase price. If the replacement product does not meet expectations, a refund of the purchase price is no longer possible.
(3) The customer must contact the supplier via the contact form within 30 days of receipt of the goods and indicate that he wishes to make use of his guarantee.
(4) The guarantor is Sweat-Off GmbH, Reinhold-Frank-Straße 58, 76133 Karlsruhe, GERMANY.
(5) The 30-day money-back guarantee is an independent promise by Sweat-Off GmbH. Its utilisation is free of charge for the customer. Return costs, if necessary, are to be borne by the customer.
(6) The statutory right of cancellation and liability for defects exist independently of this.
9 Liability for defects and warranty
(1) The provider is liable for material defects in accordance with the applicable statutory provisions.
For questions, complaints and objections, the provider’s customer service can be contacted via the contact form. Enquiries are usually processed within 24 hours from Monday to Friday.
(2) The warranty period for products supplied by the provider to entrepreneurs is twelve months.
10 Liability
(1) The provider shall only be liable for damages to the customer resulting from injury to life, limb or health, from guarantees for the quality of the object of purchase or from the breach of essential contractual obligations as well as for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is essential for the proper execution of the contract, whose breach jeopardises the achievement of the purpose of the contract and on whose compliance the customer regularly relies.
(2) In the event of a breach of essential contractual obligations caused by the provider with simple negligence, the provider shall only be liable for the foreseeable damage typical for the contract, unless it concerns claims for damages by the customer arising from injury to life, body or health or from guarantees for the quality of the object of purchase.
(3) The provisions of the Product Liability Act shall always remain unaffected.
11 Settlement of disputes
The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr.
The email address can be found in the legal notice.
The provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
12 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall, however, become invalid.
13 Cancellation policy
Right of cancellation
The customer has the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the last products.
To exercise the right of cancellation, the customer must inform the supplier
Sweat-Off GmbH
Reinhold-Frank-Straße 58
76133 Karlsruhe
GERMANY
E-Mail: care@sweat-off.com
Telephone: +49 (0) 721 151 99 055
by means of a clear declaration (e.g. e-mail) of his decision to cancel this contract. The customer can use the sample cancellation form attached below (here as a PDF file), but this is not mandatory.
To comply with the cancellation period, it is sufficient for the customer to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of cancellation
If the customer cancels this contract, the provider must refund all payments that the provider has received from the customer, including the delivery costs (with the exception of the additional costs resulting from the fact that the customer has chosen a different type of delivery than the cheapest standard delivery offered by the provider), immediately and at the latest within fourteen days from the day on which the provider receives notification of the cancellation of this contract.
For this repayment, the provider shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case shall the customer be charged any fees for this repayment.
The supplier may refuse to make the repayment until it has received the products back or until the customer has provided proof that it has returned the products.
The customer must return or hand over the products to the provider’s shipping service provider, Stahlmann & Sachs GmbH, Brendelweg 168 (Tor 29), 27755 Delmenhorst without delay and in any case within fourteen days at the latest from the day on which he informs the provider of the cancellation of this contract. The deadline is met if the customer dispatches the products before the period of fourteen days has expired.
The customer shall bear the direct costs of returning the products.
The customer shall only be liable for any loss in value of the products if this loss in value is due to handling of the products that is not necessary for checking their condition, properties and functionality.
End of the cancellation policy
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Widerrufsformular
Wenn du den Vertrag widerrufen willst, dann fülle bitte dieses Formular aus und sende DAS FORMULAR (am besten per Mail) zurück an:
Sweat-Off GmbH
Reinhold-Frank-Straße 58
76133 Karlsruhe
DEUTSCHLAND
E-Mail: care@sweat-off.com
Telefon: +49 (0) 721 151 99 055
WICHTIG: Unbenutzte Produkte sendest du bitte an die folgende Adresse zurück:
Stahlmann & Sachs GmbH
Brendelweg 168 (Tor 29)
27755 Delmenhorst
Hiermit widerrufe(n) ich/wir den von mir/uns abgeschlossenen Vertrag über den Kauf der folgenden Produkte / die Erbringung der folgenden Dienstleistung:
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(Name der Produkte, ggf. Bestellnummer und Preis)
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Unterschrift Kunde (nur bei schriftlichem Widerruf)
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Bitte wende dich für Informationen zur Retoure deines Produktes an care@sweat-off.com.
Widerrufsformular als PDF-Datei
