AGB - Pole and Move

Pole and Move

General terms and conditions

Miriam Saroos

Pole and Move
Mannheimer Street 3 A
68542 Heddesheim
- hereinafter referred to as "Provider" or also "us" -

§ 1 General, clientele, language

(1) All offers, purchase contracts, deliveries and services based on orders placed by our customers via our online shop or in any other way are subject to these General Terms and Conditions.
(2) Our offer is aimed equally at consumers and entrepreneurs. For the purposes of these General Terms and Conditions, (i) a consumer is any natural person who enters into the contract for a purpose that can be attributed neither to his or her commercial nor to his or her independent professional activity (Section 13 of the German Civil Code - BGB) and (ii) an "entrepreneur" is a natural or legal person or a partnership with legal capacity who, when entering into the contract, is acting in the exercise of his or her commercial or independent professional activity (Section 14 (1) BGB).
(3) The customer's terms and conditions of business shall not apply, even if we do not separately object to their validity in individual cases.
(4) The contracts with the customer shall be concluded in German.

§ 2 Conclusion of contract (online shop)

(1) Our offers in the online shop are non-binding.
(2) The customer can select products/services from our range and collect them in a so-called shopping basket by clicking on the button "Add to shopping basket". In order to go through the ordering process, the customer clicks on the button "Proceed to checkout" when purchasing vouchers or on the button "Next step" when booking courses. There they can enter their personal data and select a shipping and payment method. By clicking on the button "Order with payment obligation" (for vouchers) or "Buy" (for courses), the customer submits a binding application to purchase the goods in the shopping basket or to order the corresponding services. Before submitting the order, the customer can view the data at any time (the enlargement function of the Internet browser may be helpful for this purpose) and change it by making the appropriate entries. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions, the data protection information and the cancellation policy by ticking the appropriate box and has thereby included them in his application.
(3) The supplier will then send the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by us and does not constitute acceptance of the application. The contract is only concluded when we issue the declaration of acceptance. A declaration of acceptance shall be made within 5 days, either
- with a separate e-mail (order confirmation) which is sent to the customer, or
- by delivery of the goods or provision of the service to the customer or
- by a request for payment;
If several alternatives are fulfilled, the earlier point in time is decisive.
At the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) shall be sent to the customer by us on a durable data medium (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection laws.

§ 3 Conclusion of contract outside the online shop

(1) Offers and price quotations contained in brochures, advertisements, websites and other advertising material are subject to change and non-binding.
(2) A registration/order can be requested by e-mail or informally in writing or on site in our studios. The customer will then receive a binding offer.
(3) We shall be bound by our offers for 7 calendar days after dispatch, unless expressly stated otherwise in the offer. By returning the registration form (e-mail and fax are sufficient) or signing the contract, the customer declares the binding acceptance of our offer to conclude the contract.

§ 4 Delivery, availability

I. Goods
(1) Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price. If no delivery time or no deviating delivery time is specified for the respective goods in our online shop, it shall be up to 10 working days.
(2) If no copies of the product selected by the Customer are available at the time of the Customer's order, Supplier shall inform the Customer of this immediately in the order confirmation. If the product is permanently unavailable, Supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(3) If the product designated by the Customer in the order is only temporarily unavailable, Supplier shall also inform the Customer of this without delay in the order confirmation.
II. Course Participation / Events / Individual Coaching
(1) The times of the courses result from the description in the online shop or our offer.
(2) If a minimum number of participants is required for a course/event, this will be expressly noted. The provider is entitled to withdraw from the contract before the start of the course if the minimum number of participants is not reached. In this case, any amount already paid will be refunded to the customer without delay.
(3) Due to unforeseeable staff absences at short notice, a course may be cancelled. In the case of a one-off course, we will immediately refund the course fee; in the case of regularly repeated courses, an alternative date will be set.

§ 5 Prices and payment modalities

(1) Our prices are final prices including the statutory value added tax plus shipping costs.
(2) Unless expressly agreed otherwise, we deliver goods including vouchers only against advance payment. We offer payment via the payment service provider Paypal, for which it is not necessary that the customer has a Paypal account.
(3) In the case of one-off courses/events, payment is due at the latest 3 working days before course participation.

§ 6 Dispatch

The dispatch of goods, including vouchers, shall be by post. The shipping risk shall be borne by the supplier if the customer is a consumer.

§ 7 Warranty

(1) We shall be liable in accordance with the applicable statutory provisions.
(2) An additional guarantee only exists if this was expressly given in the order confirmation for the respective item.
(3) The health and physical well-being of each individual depends on countless factors and specifics. The success of a course/coaching also depends on numerous factors over which the provider has no influence. Consequently, no guarantee can be given for a specific success of the course/coaching.

§ 8 Liability

(1) Participation in a course or coaching does not replace a visit to or treatment by a family doctor or other doctor or psychotherapist for health complaints. In case of doubts regarding health or mental health, the client must consult his/her family doctor, another doctor or a psychotherapist.
(2) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(3) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.
(4) The above exclusions and limitations of liability shall apply to the same extent in favour of our executive bodies, legal representatives, employees and other vicarious agents.
(5) The restrictions of this § 8 do not apply insofar as the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 9 Right of withdrawal

When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which the supplier informs them about in accordance with the statutory model in its withdrawal policy. A model withdrawal form can also be found there.

§ 10 Withdrawal Customer

(1) The customer may withdraw from the contract by written declaration up to 3 days before the start of a course. The relevant time is the receipt of the declaration by the provider. We will refund the fee paid, minus a compensation lump sum of EUR 15.00. The client is entitled to prove that no damage has occurred at all or that the damage is significantly lower than the lump sum.
(2) The customer can name a substitute participant before the start of a course. In this case, we will refund the fee paid without deduction.
(3) The above provisions shall not affect the statutory right of withdrawal, which shall exist independently of the above provisions.

§ 11 Data protection

The provider complies with the applicable provisions of data protection law. You will find more detailed information about data processing and the rights to which you are entitled (right to information, right to correction or deletion, right to restriction of processing, right to object to processing, right to data portability) in our data protection information, which we provide to you when you first contact us.

§ 12 Applicable law and place of jurisdiction

(1) The contract existing between us and the customer is subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
(2) If the customer is a merchant within the meaning of. § (2) If the customer is a merchant as defined by Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts with jurisdiction for Mannheim shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship in question. In all other cases, we or the customer may bring an action before any court having jurisdiction on the basis of statutory provisions.

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Organisation of the German Pole Sports e. V. 

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