General Terms and Conditions
ANTELOPE – part of the Beurer group, legally represented by the Chairman of the Supervisory Board: Dietrich Leisner and the Management Board: Marco Buehler, Oliver Neuschl, Georg Walkenbach, Niddastraße 64, 60329 Frankfurt am Main, Germany, Company headquarters: Ulm – Soeflinger Strasse 218, 89077 Ulm – Germany
– hereinafter referred to as the ’Seller’ –
Tel.: 0049 (0) 69 25786744
VAT ID No.: DE 147040787
registered in the Commercial Register of Ulm District Court, Registration No.: HRB 722213
1 Scope of application, definitions
(1) The following General Terms and Conditions shall apply exclusively to the business relationship between the Seller and the Customer in the current version at the time of the order. Deviating general terms and conditions of the Customer shall not be accepted unless the Seller expressly agrees to their validity in writing.
(2) The Customer is a consumer insofar as the purpose of the goods and services ordered cannot be predominantly attributed to their commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural person or legal entity or partnership with legal capacity which, when concluding a contract, acts in the exercise of its commercial or independent professional activity.
2 Conclusion of contract
(1) The Customer can select products from our range and place them in a shopping basket by clicking the ’Add to shopping basket’ button. By clicking ‘Go to checkout’, the Customer submits a binding request to purchase the goods in the shopping basket. Before placing an order, the Customer can change it and view the details at any time. However, a request can only be submitted and sent if the Customer has accepted these Terms and Conditions and included them as part of the request.
(2) The Seller will then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order is listed again and which the Customer can print using the ’Print’ function. The automatic confirmation of receipt merely documents that the Customer’s order has been received by the Seller and does not constitute acceptance of the order. The contract is only concluded when the Seller submits a declaration of acceptance which is sent in a separate e-mail (order confirmation). Should an order confirmation not be sent, the contract shall be concluded at the latest upon delivery of the goods.
(3) The wording of the contract shall be stored in compliance with data protection regulations.
3 Delivery, availability of goods
(1) Delivery times stated by us shall be calculated from the date of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no delivery period or no deviating delivery period is indicated for the respective goods in our online shop, it will be 1 to 5 working days.
(2) If the product selected by the Customer is not available at the time the order is placed, the Seller shall inform the Customer of this immediately. If the product is permanently out of stock, the Seller shall not issue a declaration of acceptance. In this case, the contract shall not be concluded.
(3) If the product ordered by the Customer is only temporarily out of stock, the Seller shall also inform the Customer of this immediately.
(4) The following delivery restrictions are in place: The Seller shall only deliver to customers who have their usual residence (billing address) or a delivery address in a Member State of the European Union.
4 Retention of title
In the case of consumers, the Seller shall retain title to goods until the purchase price has been paid in full. In the case of entrepreneurs, the Seller shall retain title to goods until payment in full of all claims arising from an ongoing business relationship.
5 Prices and shipping costs
(1) All prices quoted on the Seller’s website are inclusive of the applicable statutory value added tax.
(2) The corresponding shipping costs are stated on the order form and shall be borne by the Customer unless the Customer exercises their right to cancel. For orders over EUR 450, the Seller shall deliver to the Customer free of shipping costs.
(3) Goods shall be shipped by post, usually by DHL. The shipping risk shall be borne by the Seller if the Customer is a consumer.
(4) The Customer shall bear the direct costs of return in the event of cancellation.
6 Payment terms
(3) The Customer may change the payment method stored in their user account at any time.
(4) Payment of the purchase price shall be due immediately upon conclusion of the contract. If the payment due date is determined according to the calendar, the Customer shall be in default if the respective date is missed. In this case, the Customer shall pay the Seller default interest for the year in the amount of 5 percentage points above the base rate.
(5) The obligation on the part of the Customer to pay default interest shall not rule out further claims for default damages by the Seller.
7 Liability for material defects, warranty
(1) The Seller shall be liable for material defects in accordance with applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). The warranty period for goods delivered by the Seller to entrepreneurs shall be 12 months. An exception to this is the silicone electrodes, for which a warranty of 52 training units applies.
(2) An additional guarantee exists for goods delivered by the Seller only if this was expressly given in the confirmation of order for the respective item.
(3) If used products are sold by ANTELOPE – part of the Beurer group – the warranty shall be reduced to 12 months.
(1) Claims by the Customer for damages shall be excluded apart from claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) or liability for other damages based on an intentional or grossly negligent breach of duty by the Seller, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary in order to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the Seller shall only be liable for foreseeable damage typical to the contract if this was caused by basic negligence, unless it relates to the Customer’s claims for damages arising from injury to life, limb or health.
(3) The restrictions in paragraphs 1 and 2 shall also apply to legal representatives and vicarious agents of the Seller if claims are made directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply insofar as the Seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the item. The same shall apply if the Seller and the Customer have reached an agreement on the quality of an item. The provisions of the Product Liability Act shall remain unaffected.
9 Cancellation policy
(1) Consumers have a legal right to cancel when concluding a distance selling transaction (see information provided below in accordance with legal template). Exceptions to the right to cancel are set out in paragraph (2). Paragraph (3) contains a sample cancellation form.
- Cancellation Policy
- Right to cancel
You have the right to cancel this contract within fourteen days without giving your reasons for doing so.
The cancellation period shall be fourteen days from the date on which you or a third party, other than the carrier designated by you, have taken possession of the goods.
In order to exercise your right to cancel, you must inform us, ANTELOPE – part of the Beurer group, Niddastraße 64, 60329 Frankfurt am Main, Germany, Tel.: 00 49 (0) 69 79588-895, E-mail: email@example.com through a clear statement (for example, a letter, fax or e-mail ) of your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory.
In order to comply with the cancellation period, it is sufficient for you to send notification of your intention to exercise your right to cancel prior to expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract we shall reimburse you, immediately and no later than fourteen days from the date on which we received notice of your cancellation, for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a different shipping method from the standard, low-cost shipping option offered by us). Refunds shall be made using the same means of payment that you used in the original transaction, unless expressly agreed otherwise, and in no event will you be charged for such refunds.
We may refuse to refund you until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
You must return or hand over goods to us immediately and in any case no later than fourteen days after the day on which you notify us of the cancellation of your order. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods, if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
(2) The right to cancel shall not apply to contracts for sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
(3) The Seller shall provide a sample cancellation form in accordance with legal regulations as follows:
Sample cancellation form
(If you wish to cancel a contract, please complete and return this form )
To ANTELOPE – part of the Beurer group, Niddastraße 64, 60329 Frankfurt am Main, Germany, Tel.: 00 49 (0) 69 79588-895, E-Mail: firstname.lastname@example.org.
- I/we (*) hereby cancel the order placed by me/us (*) for the following goods (*)/the following services (*)
- Ordered on (*)/received on (*)
- Name(s) of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (for paper communication only)
(*) Delete as appropriate
10 Final provisions
(1) The law of the Federal Republic of Germany shall apply to agreements between the Seller and the Customer, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory regulations relating to the restriction of the choice of law and the applicability of mandatory regulations in particular of the state, in which the Customer has their usual place of residence as a consumer, shall remain unaffected.
(2) 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 supplier shall be the registered office of the Seller.
(3) A contract shall remain binding in its remaining parts even if individual points are legally ineffective. Any ineffective points shall be replaced by statutory provisions. If this would represent unreasonable hardship for a contracting party, the contract as a whole shall become ineffective.
(4) We are obliged to inform you that with regard to the online settlement of disputes on the part of the European Commission, a corresponding online platform is available. You can access this platform via the following link: http://ec.europa.eu/consumers/odr/. We are also obliged to inform you of our e-mail address: email@example.com.
(5) We always endeavour to clarify any discrepancies with the Customer with regard to existing orders by mutual agreement. However, we would like to point out that we are not obliged to participate in any consumer mediation procedures (according to the Act on Alternative Dispute Resolution in Consumer Matters (VSBG)) and unfortunately do not offer our customers an opportunity to be involved in such a procedure.
(6) According to the Battery Act, we are obliged to inform you of the following in connection with the sale of disposable or rechargeable batteries or in connection with the delivery of devices containing disposable or rechargeable batteries: Batteries should not be placed in household waste. Disposal with household waste is expressly prohibited under the Battery Act. As an end user, you are legally obliged to return used batteries. Please dispose of used batteries at a municipal collection point or hand them in at a local sales point free of charge. Batteries which we stock or have stocked as new batteries in our range, or batteries which are included with goods that we stock or have stocked as part of our range, can be returned to us by post in normal household quantities after use. Such returns must not involve any cost to us.