General terms and conditions
§ 1 General
(1) All business relations between the Client and the Contractor are based on the following General Terms and Conditions. These are acknowledged by placing the order and shall also apply to future business relations.
(2) Any deviations from these General Terms and Conditions and third-party terms and conditions are hereby rejected. They shall only apply after written confirmation by the Contractor and, in case of doubt, shall only apply to the individual case.
§ 2 Scope of Services
These GTC apply to contracts and measures of TREK FUTURE RACING - RaD Racing UG, whose object is the provision of services in the field of sports and training, the planning, evaluation, consulting, training and supervision of persons, the performance of performance, medical and functional diagnostics, biomechanical examinations as well as aerodynamic and biomechanical material and position optimization, the marketing and procurement of products and services in the field of sports and nutrition, as well as all related activities.
§ 3 Personal Data
(1) The client agrees to the storage of his personal data within the framework of the legal provisions. The client agrees to receive information and advertising material (exclusively from TREK FUTURE RACING - RaD Racing UG and our partners) until the time of a personal revocation. The client can withdraw his consent at any time and without giving reasons.
(2) The obtained (test-) results, medical data, produced protocols and expertises as well as other written statements may be used and stored by the contractor. If this data is used for the benefit of the respective client, the data will be stored on a client-specific basis. The obtained data also helps to improve the service quality of TREK FUTURE RACING - RaD Racing UG. For this purpose, the data is then stored anonymously and aggregated (not customer-specific) by TREK FUTURE RACING - RaD Racing UG.
(3) The contractor is obligated to maintain confidentiality towards third parties.
(4) Should TREK FUTURE RACING - RaD Racing UG intend to pass on the collected data to third parties or cooperation partners in the future, this requires the prior, explicit,
written consent of the client.
§ 4 Conclusion of Contract
(1) The offers of TREK FUTURE RACING - RaD Racing UG on its website represent a non-binding invitation to the customer to order goods and/or services from TREK FUTURE RACING - RaD Racing UG.
(2) By ordering the desired goods and/or services by filling out and sending the form, by e-mail, by fax, by phone, by mail, the customer makes a
binding offer to conclude a purchase contract. In the case of purchase of a service, the purchase contract is concluded with the dispatch of the confirmation in the form of the invoice by us.
§ 5 Remuneration
(1) The amount of remuneration is based on the agreements made between the parties.
(2) In case of doubt, the remuneration is due immediately after invoicing by TREK FUTURE RACING - RaD Racing UG without deduction.
(3) The invoicing is made in writing. If the invoice specifies a different due date by calendar day, this day is decisive.
§ 6 Obligations of the Client
(1) The Client is obligated to cooperate to the extent necessary for the fulfillment of the order.
This includes in particular:
- truthful completion of the questionnaires and medical history forms provided
- disclosure of pre-existing conditions/allergies etc., if not already done
- provision of training, competition and diagnostic data if already available and requested by the Contractor
(2) The Client shall refrain from doing anything that could impair the proper execution of the order.
§ 7 Time of Performance
(1) The dates specified by the client when booking a training camp require confirmation by TREK FUTURE RACING - RaD Racing UG. In this case TREK FUTURE RACING - RaD Racing UG reserves the right to set another date that is reasonable for the contractor and the client.
(2) The start of the service provision will be agreed upon individually between the parties and depends on the start date requested by the client.
(3) The fulfillment of the service obligations of TREK FUTURE RACING - RaD Racing UG requires the timely and proper fulfillment of the obligations of the client as a contracting party.
All questionnaires/forms and other required information necessary for the fulfillment of the service are to be completed by the client at least.
(4) In the case of the purchase of an item/goods, the obligations of the customer include, if applicable, the written transmission of the necessary information for the further specification of the item/goods; e.g. information on body measurements when ordering clothing.
(5) The delivery of items/goods shall be effected by shipment ex warehouse to the delivery address notified by the Customer.
(6) Information on the delivery periods for items/goods shall not be binding, unless the delivery date has been bindingly agreed in writing by way of exception. Each delivery is subject to TREK FUTURE RACING - RaD Racing UG itself being supplied on time and in the correct manner.
(7) If, contrary to expectations, goods/items ordered by the customer are not available for reasons for which TREK FUTURE RACING - RaD Racing UG is not responsible,
TREK FUTURE RACING - RaD Racing UG reserves the right to withdraw from the contract. TREK FUTURE RACING - RaD Racing UG will immediately inform the customer about the unavailability and will immediately refund any payments already made to the customer.
§ 8 Prevention and cancellation
(1) In case of prevention, the client must cancel as soon as possible, at the latest 48 hours before the start of the training/measure.
(2) If the contractor is prevented at short notice and the training/measure has to be cancelled as a result, no claims for compensation can be asserted against the contractor
.
§ 9 Termination
A contract period of 12 months is agreed, after which the contract is extended for an indefinite period and the customer can terminate the contract in writing at any time on a monthly basis to the end of the next calendar month
in each case. The right of both parties to terminate the contract without notice for good cause shall not be affected by this.
§ 10 Retention of Title
If the service is the sale and delivery of goods, the ordered goods remain the property of TREK FUTURE RACING - RaD Racing UG until full payment of the purchase price.
§ 11 Right of Withdrawal
§ 11.1 Cancellation Policy
(1) You may cancel your contractual declaration within two weeks without giving reasons in writing (eg letter, fax, e-mail) or - if the goods are delivered to you before the deadline - by
return of the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and in the case of services as performance not before conclusion of the contract and also not before fulfillment of our obligations to provide information pursuant to §312c paragraph 2 BGB in conjunction with § 1 paragraph 1, 2 and 4 BGB-InfoV.
(2) To comply with the revocation period, it is sufficient to send the revocation or the goods in time, if the services consist of the surrender of goods. The revocation is to be sent to:
TREK FUTURE RACING - RaD Racing UG, Adlerstraße 11, 88094 Oberteuringen.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
- To TREK FUTURE RACING - RaD Racing UG | Adlerstraße 11| 88094 Oberteuringen| Germany |
info@trek-future-racing.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in the case of communication on paper)
- Date
-------------
(*) Delete as applicable.
§11.2 Cancellation Consequences
(1) If you cancel this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
(2) You must return or hand over the goods to us (TREK FUTURE RACING - RaD Racing UG) without undue delay and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiration of the period of fourteen days. You bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
(3) Goods which can be sent by parcel post shall be returned at our risk. You shall bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the item to be returned to
does not exceed an amount of 50 euros or if, in the case of a higher price of the item, you have not yet provided the consideration or a contractually
agreed partial payment at the time of the revocation. Otherwise, the return is free of charge for you. Items that cannot be sent by parcel post will be collected from you.
(4) If you have requested that an agreed service should commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the
contract.
§ 11.3 Exclusion of the Right of Withdrawal
(1) There is no right of withdrawal for goods that have been manufactured according to customer specifications or are clearly tailored to personal needs.
(2) A right of withdrawal is generally excluded for audio and video recordings (e.g. CDs, DVDs, CD-ROMs) and software if the seal has already been broken. CDs, DVDs, CD-ROMs) and software if you have already unsealed them.
(3) A right of withdrawal is generally excluded for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their
seal was removed after delivery.
(4) Your right of revocation shall expire prematurely in the case of a contract for the delivery of digital content not on a physical data carrier if you have expressly consented to our commencing the performance of the contract before the expiry of the revocation period and you have confirmed your knowledge of the fact that you lose your right of revocation through your consent with the commencement of the performance of the contract.
(5) Your right of revocation shall expire prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of revocation.
§ 12 Health Suitability
(1) The examinations or training programs and exercises performed by TREK FUTURE RACING - RaD Racing UG partly require a maximum physical effort and
thus lead to a strong physical strain. Participation in examinations or training programs and exercises is in any case voluntary and at one's own risk.
Prerequisite for participation in performance diagnostic examinations is therefore the health and physical suitability for these measures.
(2) Before the start of support, the contractor shall endeavor to assess the client's state of health through tests, anamnesis interviews and completion of anamnesis questionnaires. The
truthful answers provided, but these do not replace a medical assessment of the state of health. Therefore, TREK FUTURE RACING - RaD Racing UG does not guarantee the suitability of the client for the measures to be carried out by the contractor. In case of doubts about the health suitability of the client, a doctor must always be consulted. TREK FUTURE RACING - RaD Racing UG does not assume any liability for health damages of the client.
(3) In case of any signs of negative health effects of the training, it has to be stopped and a doctor has to be consulted immediately.
§ 13 Liability and Warranty
(1) TREK FUTURE RACING - RaD Racing UG, its legal representatives, vicarious agents and employees are only liable for damages caused intentionally and by gross negligence, unless they concern essential contractual obligations, injury to life, limb or health or a defect was previously fraudulently concealed, which then led to damage. In addition, liability is limited to such damages that were foreseeable and typical at the time of the conclusion of the contract.
(2) The trainings, tests or other related measures supervised by TREK FUTURE RACING - RaD Racing UG can lead to higher physical stress. Participation is always voluntary and at the client's own risk. You are responsible for any damage caused to yourself or others. This also applies to such damages that are due to stress or pre-existing illnesses/conditions of the client and were not previously communicated by the client. TREK FUTURE RACING - RaD Racing UG is also not liable for services provided by third parties. In case of non-compliance with the road traffic regulations or house rules of external sports facilities,
, the contractor does not assume any liability for resulting damages.
(3) In case of participation of minors in measures to be carried out by TREK FUTURE RACING - RaD Racing UG, the legal guardians are responsible for the supervision
and have to provide sufficient supervision. The contractor does not assume any warranty or liability for this.
(4) Despite the greatest care in the implementation of the training-related measures by TREK FUTURE RACING - RaD Racing UG, TREK FUTURE RACING - RaD Racing UG does not assume any warranty that the details/advice/information provided by it correspond to the correctness and that the effect intended by the measures occurs. A missing
training success at the client does not represent a defect of the service of the contractor.
(5) For the goods delivered by TREK FUTURE RACING - RaD Racing UG, the latter assumes warranty and liability only to the extent that the respective manufacturer of the goods
assumes warranty and liability. Further claims for damages of any kind are excluded if TREK FUTURE RACING - RaD Racing UG cannot be proven to have acted with intent or gross
negligence.
§ 14 Final Provisions
(1) For all present and future claims arising from the business relationship, the exclusive place of jurisdiction shall be Ravensburg.
(2) If these General Terms and Conditions have not become part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective.
(3) Insofar as the provisions have not become an integral part of the contract or are ineffective, the content of the contract shall be governed by the statutory provisions, in particular those of the German Civil Code (Bürgerliches Gesetzbuch)
.
(4) Subsidiary agreements and supplements to the contract shall require the written confirmation of the Contractor.