General Terms and Conditions
Information according to § 5 TMG
Tim Leibiger & Samuel Paulsen GbR
Progressive Training Concepts
USt-IdNr. : DE308725253
IBAN: DE 40 6645 0050 0004 9360 61
§ 1 Validity, definitions of terms
(1) Progressive Training Concepts (Tim Leibiger & Samuel Paulsen GbR), Kinzigtalstraße 5, 77799 Ortenberg, , Germany (hereinafter: “we” or “Progressive Training Concepts”) operates an online store for Digital Goods and Online Services under the website http://www.progressive-training-concepts.com. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in their version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
§ 2 Conclusion of contracts, storage of the contract text
(1) The following regulations on the conclusion of contracts apply to orders placed via our online store at http://www.progressive-training-concepts.com.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our online store, the following regulations shall apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online store. The order is placed in the following steps:
Selection of the digital goods, the selected service(s),
Adding the products by clicking on the corresponding button (e.g. “Add to shopping cart”, “Add to shopping bag” or similar),
Checking the information in the shopping cart,
Calling up the order overview by clicking on the corresponding button (e.g. “Proceed to checkout”, “Proceed to payment”, “Go to order overview” or similar),
Entering/checking the address and contact data, selecting the payment method, confirming the terms and conditions and cancellation policy,
Completion of the order by pressing the button “Buy now”. This represents your binding order.
The contract is concluded when you receive an order confirmation from us to the specified e-mail address within three working days.
(4) In case of contract conclusion, the contract is concluded with Progressive Training Concepts (Tim Leibiger & Samuel Paulsen GbR), Kinzigtalstraße 5, 77799 Ortenberg, Germany.
(5) Before the order is placed, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the General Terms and Conditions and the cancellation policy, shall be carried out by e-mail after the order has been placed by you, in part automatically. We do not store the text of the contract after conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). They can also be corrected by aborting the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) In our online store, the subject matter of the contract is:
The sale of digital goods, e.g. software or media downloads. The specific digital goods offered can be found on our product pages.
The provision of services. The specific services offered can be found on our article pages.
(2) The essential features of the digital goods and services can be found in the item description.
(3) The sale of digital products is subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 Prices, shipping costs and delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before delivery of the product (prepayment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online store or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due immediately.
(3) In addition to the prices indicated, shipping costs may be incurred for the delivery of products, unless the respective item is indicated as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.
(4) All offered products are, unless clearly stated otherwise in the product description, ready for shipment immediately after receipt of payment.
(5) The delivery takes place as an online service Europe-wide and in non-EU countries.
§ 5 Right of retention
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
§ 6 Right of revocation
As a consumer you have a right of withdrawal. This is governed by our cancellation policy.
§ 7 Liability
(1) Subject to the following exceptions, our liability for breaches of contractual obligations and for tortious acts shall be limited to intent or gross negligence.
(2) If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is an obligation the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and the compliance with which you may regularly rely on. This includes in particular our duty to act and to perform the contractually owed service, which is described in § 3.
(3) In entering into this Agreement, I hereby further certify that I am in good physical health and do not suffer from any condition, impairment, disease, infirmity, or other illness that interferes with the metabolism of nutrients or that prevents my participation or use of equipment or machinery, except as provided below. I hereby certify Progressive Training Concepts of Tim Leibiger & Samuel Paulsen GbR has recommended that I obtain a physician’s authorization for my participation in any
exercise/fitness activity or for the use of exercise equipment and machines. I also acknowledge
Acknowledge that Progressive Training Concepts, has recommended that I have an annual or more frequent physical examination and consultation with my physician regarding physical activity, exercise, and the use of sports and exercise equipment so that I may have
receive his/her recommendations regarding these fitness activities and use of equipment. I certify that I have either undergone a physical examination and received permission from my physician to participate.
I certify that I have either undergone a physical examination and have received my physician’s permission to participate, or that I choose to participate in activities and the use of equipment, machines and programs provided by Progressive Training Concepts without my physician’s permission, and hereby assume all responsibility for my participation and activities and the use of equipment, products and machines in my activities. Progressive Training Concepts’ diet/exercise programs are not intended to provide therapy or treatment for any health condition. Always consult with your physician before making any adjustments to your current dietary style or beginning a new diet and/or exercise plan. In addition, I hereby certify that I am currently covered by accident and health insurance. By purchasing the Progressive Training Concepts workout program or any
Template, I understand that I am not purchasing individual counseling services and I neither expect nor assume that any obligation on the part of Progressive Training Concepts staff to answer specific, direct questions
about the templates or their modification procedures. I understand that by purchasing any of the Progressive Training Concepts training programs, I am bound by this entire agreement. I also agree that the templates are not a guaranteed guide to results of any kind and agree not to hold Progressive Training Concepts, liable for any results or lack thereof.
§ 8 Contractual language
German shall be the sole language of the contract.
§ 9 Warranty
(1) The warranty shall be governed by the statutory provisions.
(2) Towards entrepreneurs, the warranty period on delivered items is 12 months.
(3) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfillment of the contract 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 of course have no effect on your statutory warranty claims.
§ 10 Final provisions/dispute resolution
(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 withdrawn (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered office.