General terms and conditions and customer information
I. General Terms and Conditions of Business
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts which you conclude with us as a provider (Pakama Athletics GmbH) via the internet site pakama-athletics.com/. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may have used is contradicted.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods .
(2) As soon as you place the respective product on our website, we submit a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". By clicking on the corresponding button in the navigation bar you can call up the "shopping basket" and make changes there at any time.
After calling the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or you will first be directed to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before sending the order, you have the possibility to check all the details again, to change them (also using the "back" function of the Internet browser) or to cancel the purchase.
By sending the order via the button "order payable" you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you provide us with is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
Legal background:
When using an immediate payment method, payment is requested during the ordering process or shortly after ordering.
Therefore, when using instant payment methods in the online shop, you must already
lead the customer's order to the conclusion of the contract without requiring a separate express acceptance of the contract. This in turn means that your offers in the online shop must be binding. Otherwise, the customer would make advance payment without knowing whether the contract is actually accepted by you.
Please note:
The binding nature of the offer applies in accordance with the provision in § 2 of the GTC for all offers that are available via the shopping basket, even if the customer does not use a method of immediate payment.
Keep watching:
All you now have to do is send the customer an e-mail immediately after placing the order, confirming the order and the conclusion of the contract. You attach the general terms and conditions / customer information, the cancellation policy together with a sample cancellation form and the imprint data to this e-mail. If you choose the pdf format for this purpose, a reference to a free pdf reader must be included in the e-mail.
You can find a corresponding sample here:
e-mail after order - order confirmation - contract confirmation for immediate payment methods
§ 3 Conclusion of the contract for download products
(1) The subject of the contract is the sale of download products (digital content that is not delivered on a physical data carrier).
As soon as you place the respective download product on our website, we will make you a binding offer to conclude a contract under the conditions specified in the item description.
(2) The contract is concluded via the online shopping cart system as follows:
The download products intended for purchase are placed in the "shopping cart". By clicking on the corresponding button in the navigation bar you can call up the "shopping basket" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment terms, all order data is finally displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or you will first be directed to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before sending the order, you have the possibility to check all the details again, to change them (also using the "back" function of the Internet browser) or to cancel the purchase.
By sending the order via the button "order payable" you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(3) Your inquiries for the preparation of an offer are not binding for you. For this purpose we will submit a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you provide us with is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 4 INSTRUCTION OF REVOCATION
If you are a consumer within the meaning of § 13 BGB, i.e. if you place the order for a purpose that cannot be attributed to your commercial or self-employed professional activity, the following cancellation policy applies:
(1) Right of withdrawal
You may revoke your contractual declaration within 14 days without stating reasons in writing (e.g. letter, fax, e-mail) or - if the goods are delivered to you before the deadline - also by returning the goods. Please send your goods to:
PAKAMA ATHLETICS
Optima Global BV
Centrumstrasse 48
45307, Essen
The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) or before conclusion of the contract (in case of provision of services) and also not before we have fulfilled our duty to supply information pursuant to Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 EGBGB as well as our obligations under § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period. The revocation is to be addressed to: Pakama Athletics Ltd., Römerfeld 7, 55585 Norheim, e-mail: coach@pakama.com
(2) Consequences of withdrawal
In the event of an effective revocation, the services received by both parties are to be returned and any benefits derived (e.g. interest) surrendered. If you are not able to return or surrender to us the received services and benefits (e.g. advantages of use) or only partially or in a deteriorated condition, you must pay us compensation for lost value. When providing services, this may mean that you must nevertheless fulfil the contractual payment obligations for the period until revocation. For the deterioration of the item and for any use made of it, you must only pay compensation if the use or deterioration is due to handling of the item that goes beyond the inspection of the properties and functionality. By "testing the properties and functionality" we mean the testing and trying out of the respective goods, as is possible and usual in a retail shop, without any signs of use. Items that can be shipped as a parcel are to be returned at our risk. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
§ 5 Return shipment / taking back
(1) If a return shipment of the goods takes place in accordance with our cancellation policy (§ 4), the conditions for the return shipment contained therein shall apply.
(2) The customer has to bear the regular costs of the return shipment if the delivered goods correspond to the ordered ones. Otherwise the Pakama Athletics Ltd. the costs of the return shipment.
(3) Please send your goods to:
PAKAMA ATHLETICS
Optima Global BV
Centrumstrasse 48
45307, Essen
§ 6 License for use of download products
(1) The offered download products are protected by copyright. You will receive a simple user license for each download product purchased from us, unless otherwise stated in the respective offer.
(2) The single user license includes permission to save and/or print a copy of the download product on your computer or other electronic device for your personal use.
Any further copy is prohibited. You are expressly forbidden to change or edit a file or parts of it and to make it available to third parties in any way, either privately or commercially.
§ 7 Term of contract / termination for subscription contracts
(1) The subscription contract concluded between you and us has the agreed term. If the contract is not terminated by one of the parties in writing (e.g. by e-mail) 3 weeks before the end of the contract (unless a different period is specified in the respective offer), it shall be tacitly extended by the agreed basic term. If the basic term is more than one year, however, the contract shall only be extended by one year.
(2) The right of termination without notice for good cause remains unaffected.
§ 8 Conclusion of the contract in the case of courses
(1) The subject of the contract is the execution of courses.
Already with the placement of the respective course offer on our website, we submit a binding offer to you to conclude a contract under the conditions stated in the respective course description.
(2) The contract is concluded via the online shopping cart system as follows:
The courses intended for booking are placed in the "shopping cart". By clicking on the corresponding button in the navigation bar you can call up the "shopping basket" and make changes there at any time. After calling up the "Checkout" page and entering your personal data and payment terms, all order data is displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or you will first be directed to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page. Before sending the order, you have the possibility to check all details again, to change them (also by using the "back" function of your internet browser) or to cancel the order.
With the sending of the order via the corresponding button you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(3) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
§ 9 Performance of services for courses
(1) The courses in the form described in the respective offers are carried out on the agreed dates.
(2) As far as the execution of the courses depends on the number of participants, the minimum number of participants results from the respective offer.
If the minimum number of participants is not reached, we will inform you in writing (e.g. by e-mail) at least 7 days before the start of the course that the booked course will not take place. Any services already rendered will be refunded immediately in this case.
(3) In case of cancellation of an individual event due to short-term absence of the course instructor due to illness or other important reason, the services already rendered will be refunded immediately.
§ 10 Special agreements on the types of payment offered
(1) Payment by invoice via Klarna Germany
In collaboration with Klarna we offer you the purchase on account as a payment option. The payment period is 14 days from the date of invoice. The invoice is issued when the goods are dispatched and is sent either by e-mail or together with the goods. The payment is made to Klarna. Please note that Klarna invoice is only available for consumers. You will find the complete AGB for purchase on account here.
Data protection notice
Klarna tests and evaluates your data and maintains justifiably interested and occasion a data exchange with other companies and Credit reporting agencies. Your personal data will be stored in Compliance with the applicable
Privacy policymmungen and according to the Information in the Klarna Privacy policy treated.
§ 11 Right of Retention, retention of title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ Section 12 Warranty
(1) The statutory rights to liability for defects exist.
(2) As a consumer you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will not affect your statutory warranty claims.
§ 13 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relations existing with us as well as the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. customer information
1. identity of the seller
Pakama Athletics Ltd.
Roman field 7
55585 Norheim
Germany
E-mail: coach@pakama.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS Platform), available at https://ec.europa.eu/odr.
Further information can be found in Terms and conditions - PAKAMA Athletics about:
2. information on the conclusion of the contract
3. contract language, contract text storage
4. codes of conduct
5. essential characteristics of the goods or services
6. prices and terms of payment
7. terms of delivery
8. legal liability for defects
9. contract period / termination
