General Terms and Conditions (GTC)
AvS Coaching e.K.
Im Städtle 9
Phone: +49 162 463 58 85
Fax: +49 322 26 471 275
- in the following referred to as "AvS Coaching e.K." -
These general terms and conditions apply to all deliveries and services of AvS Coaching e.K., as far as they are contractually integrated and not explicitly regulated otherwise in the text of the offer.
2. Regulations and information on the conclusion of the contract
a) General information
All representations on the internet pages of AvS Coaching e.K. are a non-binding invitation to the client to submit offers.
b) Technical steps leading to the conclusion of the contract and the conclusion of the sales contract when ordering via the online store.
To order one or more articles via the online store, the articles must first be marked for ordering by clicking on the "shopping cart" link or button. In the "shopping cart" (which you can access at any time via a link in the store) you will then be guided through the ordering process. Each step will be explained to you and required information will be requested from you.
The ordering process is completed when the customer finally clicks on "Send order subject to payment".
This is the customer's offer to conclude the contract, which AvS Coaching e.K. can accept within two working days.
The acceptance of the offer by AvS Coaching e.K. takes place - after sending an order confirmation - by a separate order confirmation or delivery of the goods.
With the acceptance by AvS Coaching e.K. the sales contract is concluded.
Notwithstanding the above, the contract is already concluded before sending the order confirmation if either the order confirmation contains a request for payment or if during or immediately after completion of the ordering process the payment process is initiated and completed.
c) Conclusion of the contract when ordering by telephone, e-mail, fax or letter
If expressly offered in the online store, the conclusion of the contract takes place when the customer orders by telephone, e-mail, fax or letter as follows:
The customer declares verbally or in writing his binding intention to purchase precisely named articles of the offer in the online store. This is the customer's offer to conclude the contract, which AvS Coaching e.K. can accept within five days of receipt.
The acceptance of the offer by AvS Coaching e.K. takes place by sending the delivery confirmation or delivery of the goods. Therewith the sales contract is concluded.
d) Storage and access to the contract text
AvS Coaching e.K. saves the text of the contract and sends the order data and the contract conditions to the customer by e-mail. AvS Coaching e.K. thus provides the client with the possibility to retrieve the contract terms and conditions upon conclusion of the contract and to save them in a reproducible form. An access to the contract texts stored at AvS Coaching e.K. is - with the exception of the freely accessible GTC - only possible for registered customers via the customer account.
e) Recognition and correction of input errors
In order to detect and prevent input errors during the ordering process, the customer will be shown an overview page for checking before the effective order is placed, with the help of which he can check all details of the order and correct the data entered in the input fields themselves or by using the "Back" button of the Internet browser.
f) Available languages:
The contract language is German.
3. Prices and terms of payment
The prices shown at the time of the order are valid. Packaging and shipping costs, if any, will be charged additionally and the customer will be notified in time. In the case of orders from abroad, it cannot be excluded that your bank or your country may charge costs or taxes unknown to AvS Coaching e.K., such as (import) duties or handling fees for payment. These are not costs that are paid or invoiced by AvS Coaching e.K.
AvS Coaching e.K. accepts all payment methods stated on the website. AvS Coaching e.K. will issue an invoice to the client for the ordered goods, which will be sent to the client in text form at the latest upon delivery of the goods.
The total purchase price of the ordered goods is payable according to the chosen payment method.
4. Packaging and shipping costs
Packaging and shipping costs, if any, will be notified to the customer in due time before the ordering process is initiated.
5. Delivery and delivery times
As far as the dispatch by forwarding agency was selected, as place of performance "free curb delivery" is agreed upon, i.e. the delivery takes place up to your front door, at ground level, without step.
The delivery times can be found either in the product description or in the separately retrievable information on shipping in the store.
Partial deliveries are possible,
a) if our cancellation policy has pointed out this possibility and the resulting consequences for the right of cancellation and
b) if the customer is not recognizably not interested in them or if they are reasonable for him. Reasonability is given if
- the partial delivery can be used by the customer within the scope of the contractual purpose,
- the delivery of the remaining ordered goods is ensured and
– dem Kunden hierdurch weder erheblicher Mehraufwand noch zusätzliche Kosten entstehen oder der Verkäufer sich zur Übernahme dieser Kosten bereit erklärt.
The costs for transport and packaging, if any, will be charged only once in case of partial deliveries.
6. Transfer of risk
If the customer is an entrepreneur, i.e. if the customer is acting in the exercise of his commercial or independent professional activity when concluding the contract, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery, in the case of mail order purchases upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
In all other cases, the risk of accidental loss and accidental deterioration of the sold goods, even in the case of mail order purchases, shall not pass to the customer until the goods are handed over to the customer, regardless of the selected mode of shipment.
7. Exclusion or premature expiration of the right to cancel
The right to cancel does not exist if the customer acts at the conclusion of the contract in exercise of your commercial or independent professional activity and therefore as an entrepreneur within the meaning of § 14 of the German Civil Code (BGB).
Furthermore, the right of revocation does not apply to contracts
- for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
- for the delivery of alcoholic beverages whose price was agreed upon at the time of the conclusion of the contract but which can be delivered at the earliest 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no influence;
- for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
- for consumers, if the order is placed from and the shipment is made to a country that is not a member of the European Union.
The right of withdrawal expires prematurely for contracts
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery;
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
- for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
8. Warranty, guarantee
There is a legal right of liability for defects, in this respect the legal time limits apply. Should a guarantee be given in the offer, the legal liability for defects remains unaffected.
9. Reservation of title
All deliveries are subject to retention of title. The delivered goods remain the property of AvS Coaching e.K. until the purchase price has been paid in full.
10. Complaint handling procedures, dispute resolution procedures
The procedure of AvS Coaching e.K. for handling complaints meets the requirements of professional diligence. Should the client wish to make complaints, he can do so in writing or orally using all means of communication and addresses/numbers mentioned here. A prompt processing is guaranteed.
It is pointed out that AvS Coaching e.K. is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
11. Choice of law
The contractual partners agree to the application of the law of the Federal Republic of Germany with regard to all legal relationships arising from this contractual relationship, excluding the UN Convention on Contracts for the International Sale of Goods, unless this would deprive the consumer of the protection granted to him by the mandatory provisions of the state in which he has his habitual residence. In the latter case, the law of the country in which the consumer has his habitual residence shall apply.