Terms & Conditions
Customer Information and General Terms and Conditions for the U.K.
Table of Contents
III. Conclusion of the Purchase Contract
IV. Performance of the Purchase Contract; Payment Processing; Delivery
I. Contractual Partner
Your contractual partner for all legal transactions within the scope of these General Terms and Conditions is us, the
CYBEX Retail GmbH
Riedingerstraße 18
95448 Bayreuth
Germany
The company is registered in the Commercial Register of Bayreuth Local Court (HRB 7278).
VAT ID No.: DE815883540
General managers: Johannes Schlamminger
Telephone: +44 1212708301
Fax: +49 (0)92178511-999
E-mail: service.uk@cybex-online.com
II. Scope and Definitions
(1) These General Terms and Conditions shall apply to all product orders by you via the https://shop.cybex-online.com/ website (this may direct you to local versions of the website) and to all other legal transactions entered into between you and us, CYBEX Retail GmbH, by using this website, which will be referred to as “CYBEX Online Shop” hereinbelow.
(2) Our CYBEX Online Shop is directed exclusively to consumers.
(3) By placing an order in our CYBEX Online Shop, you acknowledge and agree that you are of legal age as required in your country to enter into binding contracts.
III. Conclusion of the Purchase Contract
1. Ordering and steps to conclude the contract
(1) The products displayed in the CYBEX Online Shop do not yet constitute a binding offer by us to enter into a purchase contract. It is only an invitation to you to submit a binding purchase offer.
(2) Prior to placing the first order, you may register as a new customer. You may also register at a later date. Placing an order is also possible without registration, i.e., as a guest.
The mandatory data requested in the course of the registration or ordering process must be provided truthfully. Where you provide additional voluntary information, any such information must also be truthful.
(3) Activating the “Add to Cart” button allows you to put the desired goods into the virtual shopping cart without obligation. The contents of the shopping cart may be viewed by activating the shopping cart button. You may also change the number of items placed in the shopping cart and remove items from the cart.
(4) After activating the “Proceed to Checkout” button, you will be asked to enter your personal data and to select the payment and shipping methods, unless you have already entered some of this information during your registration. Prior to the submission of your purchase offer, the contents of your order and other order data will be displayed in an overview.
Please check this overview carefully. You may correct or change your information if necessary. You may also cancel the order process at any time, e.g., by activating the “Back to Cart” button or by clicking on the CYBEX logo in the website header.
(5) By activating the “Buy Now” button, you will transmit your order to us and submit a binding offer to us to enter into a sales contract for the goods in the shopping cart.
2. Acceptance, Confirmation of contract and other contract requirements
(1) Upon receipt of your order, we will send you an e-mail confirming receipt of your order and listing its details (acknowledgment of receipt) without undue delay. This acknowledgment of receipt does not yet represent an acceptance of your purchase offer.
(2) You will be notified by e-mail about shipping of the ordered goods as soon as we have handed over the goods to the transport company (shipping confirmation). Unless we expressly state otherwise, the shipping confirmation also represents our binding acceptance of your purchase offer, at which point a contract will come into existence between you and us.
3. Information about your right of cancellation
(1) As a consumer, you have the following right of cancellation.
Right of cancellation instruction
Right of cancellation
You have the right to cancel this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day of taking possession of the goods by you or by a third party designated by you, who is not the carrier (or from the day of taking possession of the last item in the event of a contract for several items ordered as part of a single order and delivered separately).
In the event of a contract for the delivery of goods in several partial shipments or units, the cancellation period is fourteen days from the day of taking possession of the last partial shipment or the last item by you or by a third party designated by you, who is not the carrier.
To exercise your right of cancellation, you must notify us at the following address
CYBEX Retail GmbH c/o
Century Logistics HQ
Saxham Business Park
Little Saxham
Bury St. Edmunds
Suffolk
IP28 6RX
by way of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to cancel this contract. You may use the cancellation form below, which is, however, not mandatory.
For compliance with the cancellation period, it will be sufficient to send the notification of exercising the right of cancellation prior to the end of the cancellation period.
Consequences of cancellation
If you cancel this contract, we will have to reimburse you for all payments received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the most inexpensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. Unless expressly agreed otherwise with you, we will use the same means of payment that you used for the original transaction for any such refund; in no event will you be charged for any refund.
We may refuse a refund until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without undue delay and in any event not later than within fourteen days from the day you have notified us of the cancellation of this contract:
CYBEX Retail GmbH c/o
Century Logistics HQ
Saxham Business Park
Little Saxham
Bury St. Edmunds
Suffolk
IP28 6RX
The deadline is considered observed if you dispatch the goods prior to the end of the fourteen-day period.
If the returned goods are shipped within the United Kingdom, the costs of returning the goods will be borne by us. In all other events, the direct costs of returning the goods will have to be borne by you. View our table of costs for reference. You are also free to use a courier picked by you to return the goods. If you want to pick the courier, please let us know. You will be liable for the costs of returning the goods when you pick the courier.
You will only be liable for any loss of value of the goods if such loss of value is due to handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.
End of the cancellation instruction
(2) Exclusion of the right of cancellation:
Your right of cancellation does not exist for the following contracts, unless the parties have agreed otherwise:
- contracts for the supply of goods which are not prefabricated and the production of which is governed by an individual selection or determination by the consumer or which are clearly tailored to the consumer’s individual needs;
- contracts for the delivery of sealed goods that are not suitable for return on grounds of health protection or hygiene if their seal has been removed after delivery.
If you want to cancel the contract, please fill out this form and return it to:
CYBEX Retail GmbH c/o
Century Logistics HQ
Saxham Business Park
Little Saxham
Bury St Edmunds
Suffolk
IP28 6RX
E-mail: service.uk@cybex-online.com
I/We (*) hereby give notice that I/We (*) cancel my/our (*)contract of sale of the following goods (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of communication on paper)
Date
(*) delete as applicable
4. Additional voluntary right of return
(1) In addition to the legal right of cancellation, we are granting you a voluntary right of return of a total of 30 days. The period will commence on the day after receipt of the goods.
Within this 30-day period, you may cancel the contract (even after the 14-day cancellation period) by returning the goods to us. This does not apply to goods that are also excluded from the legal right of cancellation.
To exercise your right of return, it is required that the goods are complete, in their original packaging and in an unused and undamaged condition. No seals on the goods may be damaged or removed. The deadline is considered observed if you dispatch the goods in time.
The goods must be returned to:
CYBEX Retail GmbH c/o
Century Logistics HQ
Saxham Business Park
Little Saxham
Bury St Edmunds
Suffolk
IP28 6RX
If you return goods in accordance with such voluntarily granted right of return, we will reimburse you for the purchase price paid after receiving the goods. If the returned goods are shipped within the Federal Republic of Germany [or the United Kingdom], the costs of returning the goods will also be borne by us. In all other events, the direct costs of returning the goods will have to be borne by you. View our table of costs for reference. You are also free to use a courier picked by you to return the goods. If you want to pick the courier, please let us know.
(2) Your legal right of cancellation and your other legal rights will remain unaffected by such voluntarily granted right of return.
5. Additional information
(1) We are storing the contractual text of the orders, which may be accessed by you after completion of the ordering process. You may also print out your order information upon sending your order. Upon our acknowledgment of receipt, but no later than upon delivery of the goods, we will also provide you with the contents of the contract in text form (e-mail or hard copy).
(2) These General Terms and Conditions may be viewed, saved and printed out at any time on our CYBEX Online Shop website under the hyperlink “Terms and Conditions”.
(3) The contract will be concluded and performed in English.
IV. Performance of the Purchase Contract; Payment Processing; Delivery
1. Prices and shipping costs; Special offers; Availability; Delivery restrictions
(1) Our prices include statutory value-added tax as applicable at the time of your order.
(2) We charge a flat rate for shipping. The rate for standard shipping within Germany is EUR 7.90. For any other EU Member States to which we deliver, a flat-rate shipping charge of EUR 9.90 applies.
The shipping costs will be clearly communicated to you again at least on the product detail page (where applicable, via a hyperlink).
(3) Please note that we are usually only able to feature special offers within a limited period of time. The goods displayed in the CYBEX Online Shop are also subject to different availability. The availability of a product may also vary depending on your specifications (such as size or colour). If a product is unavailable, this will be indicated at the respective product information.
If it turns out upon receipt of your order that the goods ordered from us are temporarily unavailable, we will notify you in the acknowledgment of receipt without undue delay or contact you (e.g., by additional e-mail). If the goods are permanently out of stock, we will be unable to accept your order so that in such event, no contract will come into existence. If there is a mistake and the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
2. Payment methods and terms of payment
(1) Payment for the goods is to be made by one of the payment methods listed below. We shall be entitled, however, to exclude certain payment methods in individual cases.
Credit card: When paying by credit card, the amount will be debited when the goods are shipped. We accept American Express, Visa and Mastercard.
PayPal: You will need a PayPal account to pay with the PayPal online payment service. If you select this payment method, you will be redirected to the PayPal website for payment. The amount will be debited upon shipment of the goods.
Apple Pay: Apple Pay is a payment method offered by Apple Inc. To use Apple Pay, you must activate the Apple Pay function (e.g., on your iPhone), identify yourself with your access data and confirm the payment order. The amount will be debited upon shipment of the goods.
Gift voucher: Gift vouchers and the relevant credit balances associated with them may only be redeemed before the order process is completed. Any use after completion of the order process is not possible. The credit balance of a gift voucher will neither be paid out in cash nor does it bear interest.
(2) Irrespective of the selected payment method, you will receive an invoice at the latest together with delivery of the goods. If the invoice address differs from the delivery address, we will send the invoice by post to the invoice address or by e-mail to the e-mail address provided to us by you.
3. Delivery times; Shipping and transfer of risk; Partial deliveries; Default
(1) The delivery times listed in the table in the CYBEX Online Shop apply to deliveries within Germany and are understood to be starting with our binding acceptance of your purchase offer.
Information on delivery times for deliveries to other countries are also listed in the table.
(2) Deliveries will be made to the delivery address specified by you. Shipments will be carried out by a suitable transport company. The risk of accidental loss of the ordered goods shall pass to you as soon as the goods have been handed over to you or your authorized representative.
(3) We shall be entitled to make partial deliveries, provided such are reasonable for you, we have provided you with prior notice and have given you an opportunity to cancel the contract. Where partial deliveries are made, any additional shipping costs shall be borne by us.
(4) If you are in arrears with payment, we reserve the right to claim interest from you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. We may also claim further damages from you or seek to recover legal costs associated with any claim, where this is permitted by law.
4. Retention of title; Offsetting and retention
(1) The goods shall remain our property until the invoice amount has been paid in full.
(2) You may only set off claims against our claims with counterclaims that have been legally established or are undisputed.
(3) Rights of retention are only permitted where they relate to claims based on the same contractual relationship.
5. Your rights relating to defects
If goods are damaged, if they exhibit another defect (e.g., the delivery is incomplete) or they are not in conformity with this contract, you shall be entitled to legal rights of refund, repair or replacement. Please contact us if wish to exercise these rights. .
Where you wish to exercise your legal rights to reject products you must return them to us. We will pay the costs of postage. Please contact us using the contact details above to arrange for a return label.
6. Liability and limitation of liability
(1) We shall be liable to you without limitation in the event of liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; for defective products under the UK Consumer Protection Act 1987; and on the basis of mandatory liability such as under the German Product Liability Act.
(2) In the event of a breach of a contractual obligation, our liability shall be for the foreseeable damage typical for the contract, unless unlimited liability is provided for in foregoing clause (1). Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
(3) We only supply the goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
(4) The foregoing limitation of liability shall also apply with respect to any liability of our employees, staff, executives, vicarious agents and legal representatives.
7. Our right to terminate
(1) We may end the contract if you break it. We may end the contract at any time by writing to you if: (a) you do not make payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due; (b) you do not, within a reasonable time, allow us to deliver the goods to you; or (c) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods.
(2) If we end the contract as set out in the foregoing clause (1), we will refund any money you have paid in advance for goods we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract.
V. Miscellaneous Provisions
1. Applicable law and legal venue
Our contractual relationship shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) except as provided otherwise. Mandatory provisions of the State in which you as a consumer have your habitual residence shall, remain unaffected. If you are a consumer in the United Kingdom, our contractual relationship shall be governed by and construed in accordance with the laws of England or Wales, and you can bring proceedings in the English or Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
2. Place of performance
Unless expressly agreed otherwise or stipulate otherwise by mandatory provisions for the protection of consumers, the place of performance shall be the place of our registered office listed in Chapter I.
3. Information under the German Act on Alternative Dispute Resolution in Consumer Matters
There is no obligation or willingness to participate in dispute resolution proceedings before a consumer arbitration board.
EU Commission online dispute resolution: www.ec.europa.eu/consumers/odr.
4. Our Complaints Policy
If you have a problem, please contact our customer service team using the details at the beginning of this agreement. Our customer service team will try to resolve the issue. [For more details about how we handle complaints, please see our Complaints Policy available at https://shop.cybex-online.com/en/gb/service/shipping-returns.html#customer-complaints.]