General terms and conditions (with legally required information)

1. Scope of application

(1) These General Terms and Conditions of Business apply to all our business relations with our customers, in particular also to the use of our online shop at www.antelope.de/shop and the contracts concluded with us there, in the version valid at the time of the order. They also contain mandatory information on rights and obligations in accordance with the statutory provisions on contracts in distance selling and electronic business transactions.

(2) Our General Terms and Conditions apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause.

(3) The customer is a consumer insofar as the purpose of the goods and services cannot be predominantly attributed to his commercial or selfemployed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity. 

2. Provider/your contract partner

Provider of the online shop and your contractual partner is

ANTELOPE- part of the Beurer group- BEURER GmbH

Niddastrasse 64
60329 Frankfurt/Main
Phone: +49 69 25786744
e-mail: info@antelope.de

Beurer GmbH
Söflinger Strasse 218
D-89077 Ulm
Phone: +49 (731) 3989-0
Fax: +49 (731) 3989-139
e-mail: vertrieb@beurer.de

represented by the managing directors Marco Bühler, Georg Walkenbach, Oliver Neuschl
Local court Ulm, HRB 722213
Sales tax identification number: DE 147040787

3. Order; formation, text and language of the contract

a) Orders in the online shop

The presentation of goods in the online shop does not represent a legally binding offer to conclude purchase contracts, but a non-binding invitation to order goods from us.

The following technical steps lead to the conclusion of the contract:

The goods presented on our product pages can be added to the shopping cart by clicking the button “Add to cart”. “Add to shopping cart” is reached by clicking on the corresponding button.

If you go to the shopping cart by clicking on the correspondingly named button “Checkout” and, after entering and checking the data required for the order, click on the button “Buy Now” at the end of the online order form, you are making a legally binding offer to conclude a purchase contract for the items you have placed in the shopping cart. You can correct any input errors in the shopping cart by either changing the number of items in your shopping cart or by deleting items completely by clicking the “Remove” button before you proceed to “Checkout”.

Immediately after we have received your contract offer, we will send you a confirmation of receipt by e-mail. This does not constitute acceptance of your contract offer. The purchase contract between the customer and us is only concluded with our declaration of acceptance. This takes place either when the goods are sent or when a confirmation of dispatch is sent, whichever is the earlier.

If we should not accept your contract offer in individual cases, we will inform you by e-mail within two working days after receipt of your order.

For the conclusion of the contract, only the German language is available in the German-language online shop and only the English language in the English-language online shop.

The contract text consisting of your concrete order data and these General Terms and Conditions will be saved by us and sent to you together with the confirmation of dispatch. You can also view the AGB at any time in our online shop. An overview of completed orders is available to registered customers there after logging in in the “Customer account” area.

b) Provisions for orders by telephone or e-mail

The above provisions apply accordingly to orders using other means of remote communication, unless these are explicitly tailored to the ordering process within the online shop. 

In particular, our offers are subject to change without notice. The order of the goods by the customer shall also be considered a binding offer to enter into a contract. Unless otherwise stated in the order, we shall be entitled to accept this contractual offer within two weeks of its receipt by us. 

Here too, acceptance shall be effected by sending the goods or sending a confirmation of dispatch, whichever is the earlier.

4. Prices/shipping and other costs/payment

a) Orders in the online shop

The prices stated in the online shop include the statutory value added tax (VAT) and other price components.

In addition, we charge shipping costs per order, which you can see via the link “Shipping costs”, which can be called up directly at the goods presented in the online shop, and which we show separately in your shopping cart.

Within the European Union, we ship free of shipping costs from an order value of 450.00 Euro.

You can pay by bank transfer (advance payment), credit card, direct debit or via the payment service PayPal. If a billing address in Germany has been provided, payment can also be made by purchase on account. You will receive an invoice with our bank details together with our shipping confirmation. The invoice amount is due for payment immediately upon receipt of the invoice, unless you have agreed with us on partial payment via the payment method “Santander Installment Credit” (see section 4a below) or unless otherwise agreed for individual payment methods.

If the payment is made by credit card, direct debit, or PayPal, your account will be debited with the invoice amount on the due date (except for purchases on account). In the case of purchase on account, the invoice amount is payable within 14 days to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. Prerequisite for the payment method purchase on account is a successful identity and credit check by PayPal. In this case we assign our payment claim to PayPal, so that the further processing of the payment is carried out in cooperation with PayPal and you can only make your payment with debt-discharging effect to PayPal. In this respect, PayPal’s General Terms and Conditions of Use for the use of purchase on account, PayPal’s Privacy Policy, as well as the information on identity verification at PayPal and on data exchange with credit information agencies (credit report), which you can access and confirm during the ordering process after forwarding to the PayPal website, shall apply. For all other contractual matters, in particular when exercising the statutory right of revocation or defect rights, we remain your directly responsible contact person.

If you pay by advance payment, you must transfer the full invoice amount to our account within 14 calendar days of receipt of the order, stating the intended purpose. 

If you use the payment method “Santander Instalment Loan”, you conclude a loan agreement directly with the Santander Consumer Bank AG.

We do not become a contractual partner of the loan agreement. 

Santander checks your creditworthiness after entering the customer data. You will go through an application process for provisional credit approval.  Further details on shopping basket financing by the Santander Consumer Bank can be found here https://www.antelope.de/finanzierung/

In the event of a negative decision by the Santander Consumer Bank AG, no contract is concluded between you and us.

The customer’s order will be reserved until final credit approval by Santander Consumer Bank AG, but for a maximum of 14 days from the date of order.

If this time limit is exceeded and the customer does not submit the signed documents to Santander Consumer Bank AG within the time limit, we will not confirm the customer’s order of goods and no contract of sale for the goods will be concluded. 

b) Additional provisions for orders by telephone or e-mail

In the case of orders using other means of remote communication, the above-mentioned payment options are only available to a limited extent, which is why they will be determined on a case-by-case basis after closer consultation.

5. Retention of title

(1) In the case of consumers, the seller retains title to the goods until the purchase price has been paid in full. In the case of companies, the seller retains ownership of the goods until all claims arising from an ongoing business relationship have been settled in full.

2) The goods subject to retention of title may not be pledged to third parties or transferred by way of security before full payment of the secured claim. The purchaser must inform us immediately in writing if an application is made for the opening of insolvency proceedings or if third parties seize the goods belonging to us (e.g. attachments).

(3) If the buyer acts in breach of contract, in particular if he fails to pay the due purchase price, we shall be entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods on the basis of the reservation of title. If the buyer does not pay the due purchase price, we may only assert these rights if we have previously set the buyer a reasonable deadline for payment without success or if such setting of a deadline is dispensable under the statutory provisions.

6. Delivery/service disruptions

We only deliver to customers who have their habitual residence (invoice address) or a delivery address in a contracting state of the European Union, in Switzerland or in the United Arab Emirates.  

The delivery time for deliveries within Europe and to Switzerland is usually 3 to 5 working days and otherwise usually 10 to 15 working days (for advance payment, calculated from receipt of payment). In the online shop we point out possible deviating delivery times for individual goods separately.

If disruptions in business operations for which we are not responsible, in particular strikes and lock-outs as well as cases of force majeure, which are based on an unforeseeable and non-culpable event, prevent us from delivering your ordered goods within the specified delivery time, the delivery time shall be extended by the duration of the disruptions in performance caused by these circumstances. If such disruptions cause us to be unable to deliver within one month of receipt of payment or release of payment, you are entitled to withdraw from the contract. Other claims, in particular statutory rights of withdrawal to which you are already entitled within the period of one month, remain unaffected by this.

7. Right of withdrawal for consumers

As far as you buy for purposes, which are predominantly neither your commercial nor your independent vocational activity to assign are, you order thus as consumers with us you have a right of revocation in accordance with the following revocation instruction:

REVOCATION INSTRUCTION

RIGHT OF REFUSAL

YOU HAVE THE RIGHT TO REVOKE THIS AGREEMENT WITHIN FOURTEEN DAYS (14 DAYS) WITHOUT GIVING REASONS.

THE PERIOD OF REVOCATION SHALL BE FOURTEEN DAYS (14 DAYS) FROM THE DATE ON WHICH YOU OR A THIRD PARTY OTHER THAN THE CARRIER AND DESIGNATED BY YOU TOOK POSSESSION OF THE GOODS.

IN ORDER TO EXERCISE YOUR RIGHT OF WITHDRAWL YOU MUST CONTACT US (ANTELOPE- PART OF THE BEURER GROUP, NIDDASTRASSE 64, 60329 FRANKFURT AM MAIN, PHONE: 0049 (0) 69 25786744, EMAIL: info@antelope.de) INFORM BY MEANS OF A CLEAR STATEMENT (E.G. A LETTER, FAX OR E-MAIL SENT BY POST) OF YOUR DECISION TO WITHDRAW FROM THIS CONTRACT. YOU MAY USE THE ATTACHED MODEL REVOCATION FORM, WHICH IS NOT MANDATORY.

IN ORDER TO COMPLY WITH THE WITHDRAWAL PERIOD, IT IS SUFFICIENT TO SEND THE NOTICE OF EXERCISE OF THE RIGHT OF WITHDRAWAL BEFORE THE END OF THE WITHDRAWAL PERIOD.

CONSEQUENCES OF THE REVOCATION

IF YOU WITHDRAW FROM THIS CONTRACT, WE WILL HAVE GIVEN YOU ALL PAYMENTS WE HAVE RECEIVED FROM YOU, INCLUDING DELIVERY COSTS (WITH THE EXCEPTION OF ADDITIONAL COSTS RESULTING FROM THE FACT THAT YOU HAVE CHOSEN A DIFFERENT METHOD OF DELIVERY THAN THE ONE OFFERED BY US, THE MOST FAVOURABLE STANDARD DELIVERY), WITHOUT DELAY AND AT THE LATEST WITHIN FOURTEEN DAYS FROM THE DAY ON WHICH WE RECEIVE NOTIFICATION OF YOUR REVOCATION OF THIS CONTRACT. FOR THIS REPAYMENT WE WILL USE THE SAME MEANS OF PAYMENT THAT YOU USED FOR THE ORIGINAL TRANSACTION, UNLESS EXPRESSLY AGREED OTHERWISE WITH YOU; IN NO CASE WILL YOU BE CHARGED FOR THIS REPAYMENT. WE MAY REFUSE REPAYMENT UNTIL WE HAVE RECEIVED THE GOODS OR UNTIL YOU HAVE PROVIDED EVIDENCE THAT YOU HAVE RETURNED THE GOODS, WHICHEVER IS EARLIER.

YOU MUST RETURN OR HAND OVER THE GOODS TO US WITHOUT DELAY AND IN ANY CASE WITHIN FOURTEEN DAYS AT THE LATEST FROM THE DAY ON WHICH YOU INFORM US OF THE CANCELLATION OF THIS CONTRACT. THIS PERIOD SHALL BE DEEMED TO HAVE BEEN OBSERVED IF YOU DISPATCH THE GOODS BEFORE THE EXPIRY OF THE PERIOD OF FOURTEEN DAYS. 

WE SHALL BEAR THE COSTS OF RETURNING THE GOODS.

YOU WILL ONLY BE LIABLE FOR ANY LOSS OF VALUE OF THE GOODS IF SUCH LOSS OF VALUE IS DUE TO ANY HANDLING OF THE GOODS WHICH IS NOT NECESSARY TO EXAMINE THE NATURE, CHARACTERISTICS AND PERFORMANCE OF THE GOODS.

EXCEPTIONS TO THE RIGHT OF REVOCATION:

THE RIGHT OF WITHDRAWAL DOES NOT APPLY TO CONTRACTS FOR THE SUPPLY OF SEALED GOODS THAT ARE NOT SUITABLE FOR RETURN FOR HEALTH OR HYGIENE REASONS, IF THEIR SEAL HAS BEEN REMOVED AFTER SUPPLY. 

Sample revocation form

(If you want to cancel the contract, please fill out this form and send it back).

To: ANTELOPE- part of the Beurer group, Niddastrasse 64, 60329 Frankfurt am Main, Germany, Phone: 0049 (0) 69 25786744, E-Mail: info@antelope.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

____________________________________________________________________________________________________________________________________________________

Ordered on (*)/received on (*)

____________________________________________________________________________________________________________________________________________________

Name of the consumer(s)

____________________________________________________________________________________________________________________________________________________

Address of the consumer(s)

____________________________________________________________________________________________________________________________________________________

Signature of the consumer(s) (only for paper notification)

____________________________________________________________________________________________________________________________________________________

Date

____________________________________________________________________________________________________________________________________________________

(*) Delete as applicable.

8. Additional information on the right of withdrawal

1: Please note: If you make use of your right of revocation, free additions are also to be returned in full. These are bound to certain actions, products or a purchase value in individual cases, become part of the purchase contract and must therefore also be returned. If this does not happen, we reserve the right to invoice the value of the free articles or to offset them against the return credit note. 

2.: To avoid a loss of value of our products, we may politely ask you to observe the following instructions.

WE EXPRESSLY POINT OUT THAT THE OBSERVANCE OF THE FOLLOWING INFORMATION IS NOT A PREREQUISITE FOR THE EFFECTIVE EXERCISE OF THE RIGHT OF REVOCATION. THE REVOCATION IS EFFECTIVE AND THE PURCHASE CONTRACT WILL BE REVERSED ACCORDING TO THE REVOCATION INSTRUCTION, EVEN IF YOU DO NOT FOLLOW THE FOLLOWING INSTRUCTIONS. 

UNDER CERTAIN CIRCUMSTANCES, HOWEVER, WE MAY BE ENTITLED TO A CLAIM FOR COMPENSATION IF A LOSS OF VALUE WHICH HAS OCCURRED IN AN INDIVIDUAL CASE IS ATTRIBUTABLE TO A HANDLING OF THE GOODS WHICH WAS NOT NECESSARY FOR TESTING THE NATURE, PROPERTIES AND FUNCTION OF THE GOODS.

Therefore, please return the goods to us, if possible, in the original packaging with all packaging components. If you should no longer have the packaging in individual cases, please ensure sufficient protection against transport damage by using suitable packaging. This can prevent damage due to inadequate packaging.

Please avoid damage and contamination. Depending on the degree of damage/contamination, damage and contamination that can lead to a loss of value may be present in individual cases, for example if the returned items

    • smell of strong odors/odors, for example if they have been exposed to smoke
    • show signs of use, such as salt or sweat marks
    • have been washed
    • have been changed, e.g. when the product has been sewn more tightly

We therefore recommend that you do not wear perfume or deodorant when you try the items on, to avoid leaving odours or traces on the product. Please wear underwear when trying them on.

In addition, you should not do any training in the ANTELOPE products if you wish to return the item. The traces of use are easily visible. 

9. Claims for defects/warranty period

(1) We ask you to immediately notify the transport person or us of any material defects, such as obvious transport damage, which you have recognised on delivery of the goods. Failure to give notice of defects shall not affect your statutory claims, unless your purchase is a commercial transaction for both parties and you have a duty to give notice of defects in accordance with § 377 HGB (German Commercial Code). With your immediate notice of defects you enable us to assert our own claims against the transport person or the transport insurance company.

(2) If the customer is a consumer, we shall be liable for the existence of a defect in accordance with the statutory provisions, provided that no restrictions result from the following.

(3) If the customer is an entrepreneur, we reserve the right to choose subsequent performance in the event of a defect. 

(4) If the customer is a consumer, the limitation period for claims for defects is two years for the delivery of new goods and one year for the delivery of used goods. The period begins with the transfer of risk.

(5) If the customer is an entrepreneur, the warranty period is always one year. The period of limitation in the case of a delivery recourse according to §§478,479 BGB remains unaffected. 

(6) The customer does not receive guarantees in the legal sense from us, unless this is expressly stated in the order confirmation for the respective article.

(7) Damage that is not covered by the warranty can be repaired at a charge. The respective costs will be determined and communicated before the repair is carried out.

(8) The electrodes are consumable materials which are subject to natural wear and tear.  Their durability depends, in addition to the general service life of one year, strongly on handling and proper care. For these reasons no guarantee of durability can be given. 

10. Liability

We shall be liable without limitation in accordance with the statutory provisions for damage to life, body and health caused by us as a result of intentional or negligent breach of duty.

We shall be liable for property damage and financial loss insofar as we cause such damage intentionally or through gross negligence.

If we violate an essential contractual obligation or a cardinal obligation, i.e. an obligation the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely, we shall be liable for material damage and financial losses even in the case of slight negligence. The same applies if you are entitled to compensation for the damage instead of performance.

In the event of a breach of an essential contractual obligation or a cardinal obligation due to slight negligence, our liability shall be limited to the foreseeable damage typical for the contract.

The above limitations of liability shall also apply if, by chance, delivery becomes impossible for us at a time when we are in default, or if you assert other claims, in particular tortious claims or a claim for reimbursement of futile expenses instead of performance. They shall not apply if we have assumed a guarantee or are liable under the Product Liability Act. Otherwise our liability is excluded.

As far as we are liable, our liability is limited or excluded, this applies equally to damages due to breaches of duty by our employees, workers, staff, representatives and vicarious agents.

11. Dispute resolution/customer service

The European Commission provides an Online Dispute Resolution (OS) platform. You can find it at https://ec.europa.eu/consumers/odr/. We are not obliged and generally not prepared to participate in dispute resolution proceedings before a consumer arbitration board. If you have any questions, complaints or grievances, our customer service will be happy to help you at the e-mail address info@antelope.de or from Monday to Friday between 10 a.m. and 3 p.m. by calling +49 69 25786744.

12. Applicable law

The law of the Federal Republic of Germany shall apply. This choice of law applies to consumers only insofar as this does not deprive them of the protection afforded to them by mandatory provisions of the law of the state in which they have their habitual residence. The UN Sales Convention is excluded.

13. Place of jurisdiction

If the buyer is a merchant as defined in the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive – also international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be our registered office in Frankfurt. The same applies if the customer is an entrepreneur within the meaning of §14 BGB

14. Notice according to the battery law

According to the battery law we are obliged to inform you about the following in connection with the sale of batteries or rechargeable batteries or in connection with the delivery of devices containing batteries or rechargeable batteries:

Accumulators and batteries do not belong in household waste. Disposal in household waste is expressly prohibited by the Battery Act. As a final consumer you are legally obliged to return used batteries. Please dispose of used batteries at a municipal collection point or hand them in free of charge at the respective local sales point. Batteries that we carry or have carried as new batteries in our assortment, or batteries that are contained in goods that we carry or have carried in our assortment, can be returned to us by mail after use in quantities customary for households. The return shipment must be free of charge for us. 

Antelope – part of Beurer group- Beurer GmbH: Status 5.06.2020