§ 1 Object of the general terms and conditions
(1) Object of the general terms and conditions are normally the contract conditions for all contracts of the Online-Shop "k-fitshop" of the company Kaphingst Online GmbH, Lahntal with the customer, who place a contract with the Online-Shop.

(2) The general terms and conditions count, that were valid at the point of contract conclusion.

(3) Kaphingst Online does not accept differing customer conditions unless they have been specifically approved in written form.

(4) The general terms and conditions of Kaphingst Online are always valid. Delivery takes places without reservation, even if there is knowledge of contrary general terms and conditions, which state otherwise or differ from the Kaphingst Online ones.

(5) The general terms and conditions of Kaphingst Online find validation towards customers as well as companies unless stated otherwise.

§ 2 Conclusion of the contract
(1) The customer´s placed order is a binding offer to Kaphingst Online to make a contract conclusion. Kaphingst Online can accept the offer within three days by sending out an order confirmation or the delivery of goods.

(2) The offer will not be accepted if there are any irregularities concerning the customer´s bank details.

(3) Previous offers made by Kaphingst Online are subject to change.

(4) The order confirmation email that will be sent automatically after an order has been placed is no acceptance, it only confirms that Kaphingst Online received the customer´s order.

(5) All products will be sold in small amounts, no matter if the order includes several orders of the same product or a lot of single orders have been placed for the same product.


§ 3 Conditions of payment
(1) The offered purchase price is binding. Sales tax is already included in the purchase price and shown separately with 19 %.

(2) The full amount of the invoice is due immediately after delivery of goods. We do not grant discount unless otherwise stated.

(3) We only accept the payment option prepayment for deliveries outside of Germany.

(4) Additional bank fees that might occur for foreign bank transfers are the responsibility of the customer.


§ 4 Shipping costs
(1) Kaphingst Online delivers within Germany, Austria and the Netherlands free of charge if the order value is at least 50,00 € or higher.

(2) Customers need to pay shipping costs in the amount of 5,00 € if the order value is less than 50,00 €.

(3) Additional charges in the amount of 7,50 € for payment option cash on delivery.

(4) Free of charge delivery takes place from monday to friday in consideration of ordering times.

(5) Additional costs in the amount of 15,00 € occur if the customer requires a saturday delivery.

(6) In addition to the shipping costs the customer has to pay extra for deliveries to islands.

(7) In reference to the first clause we charge for all countries, which are not mentioned, a shipping flatrate. We will inform you about these costs in a separate email.


§ 5 Delay of payment, charging and withholding
(1) Law regulations apply regarding the delay of payment.

(2) The customer is in default without the need of a dunning letter if the invoice has not been paid within 30 days upon receipt of the goods. In case the customer is in default and he is also the consumer then he has to pay interest in the amount of 5 % points on top of the valid base rate of the European Central Bank. Businessmen have to pay 8 % points on top of the valid base rate of the European Central Bank.

(3) The customer has only set-off rights if his counterclaims have been legally proven or accepted in written form by Kaphingst Online.

(4) Businessmen can only make use of their right of retention if the counterclaim comes from the same contractual relationship.


§ 6 Delivery of goods, delivery times
(1) Kaphingst Online grants express delivery to every creditworthy german customer, who follows the required order process.

(2) Deliveries to Austria and the Netherlands take up to one week after prepayment has been received. Payments placed with PayPal will be immediately shipped and will arrive within one week. Our customer service will get in touch with you via telephone prior to delivery. We beg our customers from Switzerland to get directly in touch with our office in Switzerland at k-fitshop.ch.

KAPHINGST ONLINE AG
General-Dufour-Str. 4
Postfach 3176
2502 Biel/Bienne

Tel: 032 372 7550
Fax: 032 372 7552

E-Mail:
info@k-fitshop.ch

(3) Delivery takes place to the first front door.

(4) Kaphingst Online is not responsible if a certain delivery time was the customer´s requirement before placing an order with us and this special date cannot be fulfilled due to strikes or in cases of force majeure. In the aforementioned cases the delivery time will extend automatically. The same applies if the customer does not fulfill its obligation to co-operate.

(5) The customer comes into default if the receipt of goods cannot take place, because the goods do not fit through the door or the customer is simply not at home, although a delivery time had been agreed or mentioned towards the customer early enough. It is the customer´s responsibility to pay the costs of an unsuccessful delivery.

(6) Kaphingst Online reserves the right to step back from the contract if the customer could not be reached twice although a delivery time had been agreed twice.

(7) If the customer wishes a saturday delivery Kaphingst Online is only responsible for common return charges, but not for additional costs as it occurs for saturday deliveries (15,00 € per additional contribution). These additional costs are the customer´s responsibility.

(8) PREMIUM delivery service:
We offer the possibility to order for selected items a so-called premium service within Germany.
Depending on the device different additional costs will occur for this service. Delivery time for premium service is 3-4 business days. Our customer service will get in touch with you to agree a delivery date. Please note that you have to pay for additional costs in case you are, even though a delivery date has been agreed with you, not at home.
PREMIUM service includes the following services:
- Contact via telephone prior to delivery
- Selectable delivery date
- Professional setup of the devices
- Testing of the product
- Packaging disposal optionally available (additional charges)



§ 7 Reservation of proprietary rights
The delivered goods are property of Kaphingst until they are fully paid, no matter if the cancellation period has been expired.


§ 8 Right of withdrawal for consumer, exclusion of the right of withdrawal
The following right of withdrawal applies only for consumer according to the regulations of the Distance Selling Act in terms of § 13 German Civil Code:


I. Cancellation terms and conditions

(1) The consumer can step back from the contractual statement within two weeks in written form (letter, fax, Email) without stating any reasons or by sending back the goods.

(2) The period of time starts at the earliest with the receipt of goods and not with the receipt of this instruction.

(3) To ensure the cancellation period it is enough to send out the cancellation or the goods.

(4) Address to send the cancellation to:

Kaphingst Online GmbH
Niederwettersche Str. 1
35094 Lahntal
Fax: 06423/543520
email: info@kaphingst-online.de

(1) In case of a valid cancellation benefits must be given back - this applies for both parties.

(2) Free promotional items must be given back during the reversed transaction.

(3) In case received benefits cannot be given back, only partly or in a bad condition then a compensation for lost value has to be made. This is not valid for items if their bad condition can be specifically traced back to their working condition as it would have been possible in a store.

(4) The duty of compensation for lost value can be avoided if it is not been treated as property and everything is done to avoid any value reduction.

(5) Goods that can be send out via parcel shipment must be sent away by the customer. In the customer´s own interest we recommend to keep receipts unless the money has been transferd to the customer´s bank account.

(6) Goods that cannot be send out via parcel shipment will be picked up by us.

(7) Customer´s have to pay the costs for reshipment if the delivered goods is free of defects and equates the placed order. Furthermore the costs for reshipment is the customer´s responsibility if the value of the ordered goods is only 40,00 Euros or below that amount or if the value of the goods was higher and the customer did not provide a service in return at the time of cancellation or paid a contractual part payment. Other than that the reshipment is free of charge.

(9) Duties for the refund of payments must be made within 30 days after the cancellation request has been sent out.

(10) The right of withdrawal does not apply for custom-made goods, which were clearly designed for the customer´s personal needs. The same applies for software products with broken seals.

(11) Software is also excluded if the seal is broken.

End of cancellation terms and conditions

§ 9 Liability for defects, notification of defects and duty of inspection
(1) Law regulations apply for defective goods, but only if the undermentioned does not cause restrictions.

(2) It is the customer´s responsibility to check the arriving goods on transport damages and to report them to the carrier and have it receipted by the carrier.

(3) The receipt of goods can be rejected in case of defects. Hidden defects that cannot be seen at first glance must be reported to Kaphingst Online immediately, but not later than five days after delivery took place.

(4) The receipt of goods can be rejected in case of defects. Hidden defects that cannot be seen at first glance must be reported to Kaphingst Online immediately, but not later than five days after delivery took place.


§ 10 Liability of damages
(1) The liabilitly of Kaphingst Online regarding contractual neglect of duty and delicts is limited to intention and gross negligence.

(2) This does not apply for bodily harm (life, body and health) of the customer, claims regarding the violation of cardinal obligations and the refund for damage caused by delay (§ 286 German Civil Code). Insofar there is liability for every grade of default.

(3) Excluded or limited liability for damages towards Kaphingst Online applies also for the employees, assistants, agents etc.

(4) Further claims of the customer, no matter for what reason, are excluded. Kaphingst Online is not liable for damages other than the ones that occured on the delivery item. Kaphingst Online is also not liable for lost profits or other financial loss of the customer.

(5) In case of contract violation on the part of Kaphingst Online the duty of replacement for property damage is limited to the occuring damage.

(6) Kettler Fitness devices are meant for end consumer. There is no liability for a professional use. Usage on own risk!

(2) Kaphingst Online requires only data, which are needed for the completition of the order.

(3) The provided data will be treated confidentially and will only be used for purposes the customer agreed with.

(4) Kaphingst Online obligates to protect the privacy and personal data of all customers. Regulations of the Federal Data Protection Act and Telecommunications Act apply. Due to technical reasons the use of cookies is inevitable.

(5) Kaphingst Online gathers information regarding the creditworthiness of the customers to avoid risks of non-payment.

§ 12 Applicable law
(1) The law of the German Federal Republic finds legal force excluding the UN-CSIG.

(2) § 29 EGBGB stays unaffected in terms of foreign cosumer protection regulations.

§ 13 Final clauses
(1) In case single regulations are invalid or become invalid due to changing laws and regulations then all other regulations stay unaffacted.

(2) Instead of invalid regulations the law applies.

Last update of the general terms and conditions 04/2008

k-fitshop is an Online-Shop of the company
Kaphingst Online GmbH
Niederwettersche Str.1
35094 Lahntal

Headquaters: Marburg
Court: District court Marburg trade register no 4880

Manager: Dipl.-Kfm. Boris Pichler