Terms & Conditions
Customer Information and General Terms and Conditions for Germany
Table of Contents
III. Conclusion of the Purchase Contract
IV. Performance of the Purchase Contract; Payment Processing; Gift cards, 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: +49 921 78511 9621
Fax: +49 921 78511 999
Email: service.de@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 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 email 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 email 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.
3. Information about your right of revocation
(1) As a consumer within the meaning of Section 13 German Civil Code, you have the following right of revocation.
Right of revocation instruction
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation 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 revocation 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 revocation, you must notify us at the following address
CYBEX Online Shop
Dornierstraße 9
49090 Osnabrück,
Germany
by way of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the revocation form below, which is, however, not mandatory.
For compliance with the revocation period, it will be sufficient to send the notification of exercising of the right of revocation prior to the end of the revocation period.
Consequences of revocation
If you revoke 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 revocation 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 revocation of this contract:
CYBEX Online Shop
Dornierstraße 9
49090 Osnabrück
Germany
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 Federal Republic of Germany, 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 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 revocation instruction
(2) Exclusion of the right of revocation:
According to Section 312g (2) German Civil Code, a right of revocation 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 revoke the contract, please fill out this form and return it to:
CYBEX Online Shop
Dornierstraße 9
49090 Osnabrück
Germany
Email: service.de@cybex-online.com
I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase 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 statutory right of revocation, 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 revocation period) by returning the goods to us. This does not apply to goods that are also excluded from the statutory right of revocation.
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 Online Shop
Dornierstraße 9
49090 Osnabrück
Germany
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, the costs of returning the goods will also be borne by us.
(2) Your statutory right of revocation 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 (email or hard copy).
(2) These 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 either in German or in English, depending on your choice of language in the CYBEX Online Shop.
IV. Performance of the Purchase Contract; Payment Processing; Gift Cards, 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 email). 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.
2. Payment methods and terms of payment; Scoring
(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.
Klarna Pay over time: Klarna Pay over time is a payment method offered by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. In case of payment via Klarna Pay over time, you undertake to pay in the specified installments. For this, you submit a one-time credit application online and will receive a decision directly. Each month you will receive an invoice directly from Klarna.
Klarna Pay now: Klarna Pay now is a payment method offered by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. In case of payment via Klarna Pay now, you will be redirected during the ordering process directly to Klarna were you can perform the payment. The security mechanisms of your bank are used. After successful payment you will receive your invoice directly from Klarna.
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.
Invoice (only for orders and deliveries within Germany): When paying on account, you have to pay the invoice amount without any deduction within 14 days from receipt of the goods. If we fail to receive your payment in due time, you may be in default of payment.
Pre-payment (only available in Germany and Austria): If you pay in advance, we will inform you about our bank details after your order. Please transfer the amount to the indicated account within 7 days at the latest. The goods will be shipped only upon receipt of your funds.
Gift card: Gift cards 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 card will neither be paid out in cash nor does it bear interest. We refer to Paragraph IV. 3. for the conditions which apply to gift cards.
(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) We obtain creditworthiness information on your previous payment history and information on the assessment of the risk of non-payment based on mathematical-statistical methods using address data (“scoring”) from Creditreform Boniversum GmbH, Hellersbergstraße 11, 41460 Neuss, Germany.
Scoring will only be carried out if you select the invoice payment method.
3. Gift card
(1) These General Terms and Conditions apply to all gift cards issued by the CYBEX Online Shop.
(2) Purchase of a gift card
(a) Gift cards can be purchased through the standard purchasing process in the CYBEX Online Shop as described in section III.1 and 2 with the following specifics.
(b) To purchase a gift card, the gift card has to be the only item in the shopping cart. It is possible to purchase several gift cards in the same purchasing process. It is not possible to purchase a gift card with any other type of product than the gift card in the same purchasing process.
(c) Gift cards can be purchased with an amount of at least twenty-five Euro by the following payment methods as far as they are offered in the CYBEX Online Shop: Credit Card, Paypal, Apple Pay and Klarna.
(d) The purchased gift cards will be sent in digital format via e-mail. Physical cards will not be issued.
(3) The value, gift card number and expiry date are stated on the gift card. Each gift card is valid for a period of three years. This period begins at the end of the year in which the gift card was purchased. After the expiry date, gift cards can no longer be used.
(4) Gift cards issued in the CYBEX Online Shop Germany are redeemable for purchases in the CYBEX Online Shop Germany and Austria. Gift cards cannot be used for online purchases in CYBEX Online Shops in other countries and in the CYBEX Flagship Stores.
(5) Gift cards or their residual value cannot be exchanged for money.
(6) Paragraph III.4. of the General Terms and Condition does not apply to gift cards. This means gift cards cannot be returned. The statutory right of revocation remains applicable.
(7) Any residual value of a gift card can be used for future purchases in the CYBEX Online Shop.
(8) If the total amount of a purchase is higher than the value of the gift card(s) used, the difference must be paid with one of the other payment methods set out in section IV 2. It is possible to use more than one gift card during the order process.
(9) In the event that CYBEX refunds (part of) the invoice value and (part of) the invoice has been paid by means of a gift card, the part of the invoice that has been paid by means of a gift card will be refunded by means of issuance of a new gift card for the corresponding refundable amount.
(10) Gift cards cannot be replaced if they are lost.
(11) The balance of the gift card can be checked under our Gift Certificate page by entering the gift card number.
(12) CYBEX Club Membership
(a) Gift Cards cannot be purchased by using CYBEX Club Membership points.
(b) By purchasing a gift card, CYBEX Club Membership points cannot be earned. CYBEX Club Membership points can be earned when a purchase is made by using a gift card.
(c) Gift cards and Membership Points cannot be redeemed in the same purchasing process.
4. 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 or if you are in default of acceptance.
(3) We shall be entitled to make partial deliveries, provided such are reasonable for you. 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 the statutory default interest from you. The assertion of additional damages caused by default shall remain reserved.
5. 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.
6. Your rights relating to defects
If goods are damaged or if they exhibit another defect (e.g., the delivery is incomplete), you shall be entitled to the statutory rights under German law against us for defects (“warranty rights”).
7. Liability and limitation of liability
(1) We shall be liable to you without limitation in the event of intent (including fraudulent intent) or gross negligence, in the event of negligent or intentional injury to life, body or health, on the basis of a guarantee promise (unless stipulated otherwise) and on the basis of mandatory liability such as under the German Product Liability Act.
(2) In the event of a breach of a material contractual obligation, our liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability is provided for in foregoing clause (1). Material contractual obligations are such obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance you, as our contractual partner, may regularly rely.
(3) Otherwise, our liability is excluded.
(4) The foregoing limitation of liability shall also apply with respect to any liability of our employees, staff, executives, vicarious agents and legal representatives.
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). Mandatory provisions of the State in which you as a consumer have your habitual residence shall, however, remain unaffected.
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