Conditions
Terms and Conditions and Customer Information
I. Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all the contracts, which you conclude with us as a supplier (Daily Endurance UG) via the www.daily-endurance.com website. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as the respective product is placed on our website, we make you a binding offer to conclude a purchase contract under the conditions specified in the item description.
(3) The purchase contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all order data are then displayed again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express / PayPal Plus, Amazon Payments, Postpay, Sofortüberweisung) as the payment method,
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. You will then be redirected back to the order overview page in our online shop.Before submitting the order, you have the opportunity to check all the information here again, to change it (also using the "back" function of the Internet browser) or to cancel the purchase. By submitting the order via the "buy" button, you declare the legally binding Acceptance of the offer, whereby the purchase contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Contract period / cancellation of subscription contracts
(1) The basic term of the subscription contracts for the products (not yet live) is one month. If the contract is not terminated by one of the parties in text form (e.g. email) 3 weeks before the end of the contract (unless another period is stipulated in the respective offer), the subscription is tacitly extended by the agreed basic term of one month.
(2) The right to termination without notice for important reasons remains unaffected.
§ 4 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Liability
(1) We are fully liable for damage resulting from injury to life, limb or health. Furthermore, we are liable without restriction in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, in the case of assumption of the guarantee for the condition of the object of purchase and in all other cases regulated by law.
(2) Liability for defects within the framework of the statutory warranty is based on the relevant regulation in our customer information (Part II).
(3) If essential contractual obligations are affected, our liability for slight negligence is limited to the foreseeable damage that is typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely.
(4) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(5) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the service offered there.
§ 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relationship with us and 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. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
5.6 Use of Facebook Remarketing
We use the "Custom Audiences" remarketing function of Facebook Inc. (1601 S. California Ave, Palo Alto, CA 94304, USA; "Facebook") on our website.This function serves the purpose of addressing visitors to the website in a targeted manner with interest-based advertising on the social network Facebook.For this purpose, the Facebook remarketing tag was implemented on the website. This tag is used to establish a direct connection to the Facebook servers when you visit the website. This transmits to the Facebook server which of our pages you have visited. Facebook assigns this information to your personal Facebook user account. If you visit the social network Facebook, you will then be shown personalized, interest-based Facebook ads. The processing takes place on the basis of Art. 6 (1) lit. f GDPR from the legitimate interest in the above-mentioned purpose.You have the right to object to the processing of your personal data based on Art. 6 (1) f GDPR at any time for reasons that arise from your particular situation.To do this, you can deactivate the "Custom Audiences" remarketing function here.You can find more information about the collection and use of data by Facebook, your rights in this regard and options for protecting your privacy in Facebook's data protection information at https://www.facebook.com/about/privacy/.
II. Customer Information
1. Identity of Seller
Daily Endurance UG
Tintorettostr. 4
80638 Munich
Germany
Phone: 017680747755
Email: info@daily-endurance.com
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or service
The essential features of the goods and/or service can be found in the item description and the additional information on our website.
5. Prices and terms of payment
5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. Unless otherwise stated, the redemption of voucher codes is subject to the following conditions:
Multiple codes cannot be combined.
Voucher codes are not applied to already reduced goods, savings packages (bundles & kits) or merchandise products.
Each voucher code can only be redeemed once per person.
5.3. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective item description, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.4. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective item description.
5.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
5.6 Credit card settlements are carried out by (PAYONE GmbH · Fraunhoferstraße 2-4 · 24118 Kiel, Germany - Company headquarters: Kiel - District Court of Kiel HRB 6107 - Managing Directors: Carl Frederic Zitscher, Jan Kanieß - A company of the Sparkassen-Finanzgruppe)
6. Terms of Delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective item description.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.
7. Statutory liability for defects
7.1. The statutory warranty rights apply.
7.2. As a consumer, you are asked to check the goods 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, this has no effect on your statutory warranty claims.
7.3. Entrepreneurs have an immediate obligation to examine according to § 377 HGB.
8. Contract Term / Termination
Information on the term of the contract and the conditions for termination can be found in the regulation "Contract term / termination of subscription contracts" in our General Terms and Conditions (Part I), as well as in the respective item description.
9. Resellers
9.1. The resale of the goods is excluded. Excluded from this are pharmacies, alternative practitioners, fitness studios, independent trainers and nutritionists, who may act as resellers after written confirmation by the seller.
9.2. Resellers may only sell the goods on their own sales platform (offline, online). Selling on trading platforms such as Amazon.com or eBay is strictly prohibited.
9.3. Resellers may not offer the goods below the recommended price. Discount campaigns must be approved by the seller.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here:
https://ec.europa.eu/consumers/odr/ We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
http://www.haendlerbund.de/agb-service - have it checked
last update: 29.05.2019