Terms and Conditions
(The following terms also include legal information on your rights under the provisions on distance contracts and e-commerce.)
1. Scope
These terms and conditions are applicable to all deliveries/services of WorkoutExplorer UG (limited liability) with both consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB).
2. Contractors
The contract for services/deliveries is concluded with: ATPT, Owner: Kai-Uwe Aescht ATPT Athletic Therapy & Personal Training, Kai-Uwe Aescht, Kelterweg 26, 73660 Urbach.
You can contact us for questions and complaints on weekdays from [9:00 CLOCK] to [18:00 CLOCK] on telephone number +49 (0)711 - 490 10 228, or by e-mail: info@workoutexplorer.com.
3. Offer and Conclusion
3.1 The presentation of products in our online shop is not a legally binding offer, but an invitation to order those products presented. Errors and omissions excepted.
3.2 By clicking the button [Order] you make a binding order of the products listed on the order page. The purchase agreement comes about when we confirm your order with an confirmation via e-mail that is sent immediately after receiving your order.
4. Withdrawal
4.1 Consumers have a two-week right of withdrawal.
4.2 A cancellation does not apply to electronic products, once the customer has installed the ordered or recorded programs or files on their computer, or downloaded them accordingly.
4.3 A cancellation does also not apply when we receive an order that some goods/products are manufactured to the specifications of the customers' attention, which are clearly tailored to the personal needs of the customer (eg. custom software) or may not be suitable for a return due to the condition of the goods such as online provisions of software or other data and files.
4a. Return costs upon exercise of the cancellation right
If you exercise your legal right of withdrawal (see point 4 on cancellation) you have to pay the regular cost of return
- if the delivered good(s) comply with the one ordered and if the price of the good returned does not exceed an amount of 40 Euros
- or if you, in case of a higher price of the good, do not yet have fullfilled at the time of the revocation the consideration or a contractually agreed partial payment.
Otherwise, the return is free of charge for you.
5. Price and shipping
5.1 The prices listed on the product pages contain the statutory VAT and all other price components.
5.2 In addition to the stated prices we charge a lump sum for delivery within Germany of 6,90 EUR per order. All prices for shipping are clearly indicated again for your information on the product pages in the shopping cart system and on the order page.
5.3 In case of payment by cash on delivery, an additional fee equal to 2 EUR is due to and levied by the local deliverer. No other taxes or costs will incur.
6. Delivery
6.1 Delivery is carried out only within Germany by DHL
6.2 The delivery takes up to 3 days. Possible other delivery-times will be clearly indicated on our website when ordering.
7. Payment
7.1 You can pay by means of advance payment or cash on delivery.
7.2 If you chose for advance payment, our bank account will be indicated in the order confirmation and delivery of goods/services will be effectuated after the payment is confirmed by our bank.
7.3 You have a right to compensation if your counterclaims have been legally established by a court or are undisputed or have already been acknowledged in writing by us.
7.4 You may only exercise a right of retention if the claims result from the same contract.
8. Retention of title
Until full payment the goods remain our property.
9. Warranty, Service
9.1 Statutory warranties shall apply. If there are defects ATPT is entitled to twice repair by replacement; if without succes, you have the right to a price reduction or rescission. The terms applied in the program guide shall apply.
9.2 All free downloads and possibly collections and test versions distributed on CD-ROM are excluded from warranty and support unless otherwise specified.
9.3 Other claims are excluded unless they are not based on intent, gross negligence or special legal regulation.
10. Contract
The contract text is stored on our internal systems. You may consult the terms and conditions, at any time on this page. The order and the GTC will be sent via email. Upon completion of the order, your order data are for security reasons no longer accessible via the Internet.
11. Usage of software
11.1 The copyright of the software lies with the Workout Explorer UG (limited liability). With the conclusion of a contract to supply software, a permanent and limited usage of the software will be granted to the customer. All rights not expressly granted dealing with the usage remain with the workout Explorer UG.
11.2 The customer is entitled (with a copy of this software) only a right of use. The customer agrees to use the program only for his/her own purposes and will not in any case leave it to third parties with or without charge without permission of Workout Explorer UG. If the customer will be provided as part of his/her subscription for the purpose of troubleshooting or other reasons an updated version, the updates are also not to be left for use by third parties. These program versions, and in particular updates on CD-ROM, are not to be left to third parties with or without charge without the prior permission of Workout Explorer UG.
11.3 The Software may only be used by a person on a computer or data terminal, but not simultaneously on multiple computers, whether it is used simultaneously by the same or different persons. The software may not be used in a network. Exceptionally, a simultaneous installation is permitted on another computer, if this is exclusively for the purpose of exchanging data and the update processes.
11.4 No part of the software or the manual may be reproduced or duplicated without the written permission of the Workout Explorer UG by using electronic systems, or shared with third parties. It is forbidden to change the software and its components either by modifying or redecoding it in any form.
Urbach, 01.10.2009
