General Terms and Conditions (GTC) for the online shop of Sanyulo OÜ
1- Scope
- These General Terms and Conditions (GTC) apply to all orders placed by consumers and entrepreneurs (hereinafter referred to as “ Customers ”) via the online shop of “Kraftathlet” of Sanyulo OÜ, Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 3 // 5 // 7, 10145 (hereinafter referred to as “ Seller ”).
- The “Kraftathlet” brand is owned by Sanyulo OÜ and operates as an authorized reseller for several brands within and outside the EU. Various fitness equipment and products can be purchased in the seller’s online shop.
- Deviating conditions from the customer will not be accepted. This also applies if the seller does not expressly object to their inclusion.
- The customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity.
2- Conclusion of contract
- The presentation and promotion of articles in the seller’s online shop does not constitute a binding offer to conclude a purchase contract.
- The customer can select products from the range and collect them in a so-called shopping cart by clicking on the "Add to cart " button. By clicking on the "Order now" button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the request can only be submitted and transmitted if the customer accepts these contractual conditions by clicking on the "Accept terms and conditions" button and has thereby included them in the request.
- The seller then sends the customer an automatic confirmation of receipt by email, in which the order is listed again and which the customer can print out 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 application. The contract is only concluded when the seller submits the declaration of acceptance, which is sent with a separate email (order confirmation). In this email or in a separate email, but no later than when the goods are delivered, the seller will send the customer the contract text (consisting of the order, general terms and conditions and order confirmation) on a permanent data medium (email or paper printout) (contract confirmation). The contract text is stored in compliance with data protection regulations.
- For certain products, the contract is not concluded directly via the website. The customer leaves his contact details and the seller contacts the customer to clarify the details.
- Orders for deliveries abroad can only be considered if the order value is above a minimum. The minimum order value can be found in the price information provided in the online shop.
- The contract is concluded in German.
3- Prices
- All prices stated in the online shop are gross prices including statutory sales tax and are exclusive of any shipping costs.
- The shipping costs are stated in the price information in the online shop. The price including sales tax and applicable shipping costs is also displayed in the order form before the customer submits the order.
- If the seller fulfills the customer's order by making partial deliveries, the customer will only incur shipping costs for the first partial delivery. If partial deliveries are made at the customer's request, the seller will charge shipping costs for each partial delivery.
- If the customer effectively revokes his contractual declaration, he can, under the statutory conditions, demand reimbursement of costs already paid for delivery to him (shipping costs).
- The goods are shipped by post. If the customer is a consumer, the seller bears the shipping risk.
- In the event of cancellation of the purchase, the customer must bear the direct costs of the return shipment.
4- Payment terms
- The customer can pay in the online shop by credit card (via the payment service provider Stripe), by bank transfer or other payment methods specified in the online shop.
- Entrepreneurs who wish to order more than one unit of a product are obliged to fill out a special "Wholesale Purchase" form. The Seller will contact the Entrepreneur after receiving the completed form to provide an individual discount on the purchase. However, this rule does not apply to all products. The Seller reserves the right to exclude certain products from this rule.
- Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is in default simply by missing the deadline. In this case, the customer as a consumer must pay default interest for the year amounting to 5 percentage points above the base interest rate. If the customer is a business, the default interest amounts to 9 percentage points above the base interest rate.
- The obligation to pay default interest does not exclude the Seller from claiming further damages caused by default.
- The seller reserves the right to offer financing options through Klarna and/or other providers.
5- Delivery
- The seller is entitled to make partial deliveries as long as this is reasonable for the customer.
- Delivery times specified by the seller are calculated from the time of order confirmation, provided that the purchase price has been paid in advance (except in the case of purchase on account). Delivery varies depending on the product and supplier. The applicable delivery conditions are specified on the product page.
- If no or no different delivery time is specified for the respective goods in the online shop, the delivery time is an agreed delivery time.
- If no copies of the product selected by the customer are available at the time of the order, the seller will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the seller will refrain from accepting the order. In this case, no contract is concluded.
- If the product specified by the customer in the order is only temporarily unavailable, the seller will also inform the customer of this immediately in the order confirmation.
- Initially, delivery will only take place within Germany. From the end of the first quarter of 2025, deliveries to Austria and other EU countries will also be offered.
- The seller will endeavour to adhere to the stated delivery times. If there are any delays, the customer will be informed immediately.
6- Retention of title
7- Warranty
- The seller is liable for material or legal defects in delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods. If the customer is an entrepreneur, the warranty period for goods delivered by the seller is 12 months.
- Any seller guarantees given by the seller for specific items or manufacturer guarantees granted by the manufacturers of specific items are in addition to the claims for material or legal defects within the meaning of paragraph 1. Details of the scope of such guarantees can be found in the guarantee conditions that may accompany the items.
8- Liability
- The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the seller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
- In the event of a breach of essential contractual obligations, the seller shall only be liable for the damage that is typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages arising from injury to life, body or health.
- The restrictions in paragraphs 1 and 2 also apply to the benefit of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
- The liability limitations arising from paragraphs 1 and 2 do not apply if the seller has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies if the seller and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
9- Special features of individual brands
- The seller is an authorized reseller for several brands. Each brand has its own policies regarding shipping, returns, cancellations and refunds. These policies may vary by brand and are binding on the customer.
- The specific policies of each brand are listed on the respective product pages and in the respective product documentation and are part of these Terms and Conditions. The customer undertakes to carefully read and observe the respective policies of the brands before purchasing.
- In the event of discrepancies between the Seller's Terms and Conditions and the specific policies of each brand, the policies of the respective brand shall prevail. This applies in particular, but not exclusively, to regulations regarding shipping costs, return periods, cancellation conditions and refund modalities.
- The Seller shall not be liable for any damage or loss resulting from the Customer's failure to comply with the specific policies of each brand. The Customer is solely responsible for informing himself about the respective conditions and complying with them.
- Changes to the specific policies of each brand will be communicated to the customer on the relevant product pages and in the product documentation. The customer is advised that it is his responsibility to inform himself of and observe any changes.
- Should individual provisions of the specific brand guidelines be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a provision corresponding to the meaning and purpose of the invalid provision shall be deemed to have been agreed.
- In the event of any discrepancy or conflict between the specific policies of the brands and these Terms and Conditions, the parties will attempt to find an amicable solution. If this is not possible, the legal provisions will apply.
10- Professional installation
- The seller currently only sells products without installation service. Should a product be offered with professional installation in the future, this will be explicitly stated in the product details and the relevant contract terms. The customer will be informed of the availability of an installation service before purchase.
- For products that require professional installation, the Seller will either provide an installation service itself or refer to qualified third parties. The selection of the installation service is made to the best of the Seller's knowledge and belief. The costs and conditions for this service will be communicated to the Customer in advance and must be confirmed by the Customer in writing before using the installation service.
- The seller is not liable for damage resulting from improper installation by the customer or unqualified third parties. The customer is obliged to have the installation carried out exclusively by qualified specialists. The seller recommends that the instructions and guidelines of the respective manufacturers be followed during installation.
- If the seller arranges an installation service through a third party, the seller is only liable for the proper selection and instruction of the third party provider. Any further liability of the seller for the installation services provided by the third party provider is excluded unless mandatory legal provisions prevent this.
- The Customer must ensure that the local conditions are suitable for the installation of the Products. The Seller shall not be responsible for any delays or additional costs caused by inadequate or unsuitable installation conditions at the installation site.
- In the event of a defect in the installation service provided by the seller or a third party commissioned by him, the statutory warranty rights apply. The customer must notify the seller of any defects immediately and give him the opportunity to remedy the defect.
- The seller reserves the right to change the conditions for the installation service at any time. Changes will be communicated to the customer in good time and require the customer's consent if they occur after the contract has been concluded.
11- Data Protection
12- Right of withdrawal
cancellation policy |
right of withdrawal |
You have the right to withdraw from this contract within fourteen days without giving any reason. |
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. |
To exercise your right of withdrawal, you must contact us Company: Sanyulo OÜ Address: Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 3 // 5 // 7, 10145, Estonia. Email: support@kraftathlet.eu Phone number: +15645445359 by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. |
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired. |
consequences of revocation |
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract, Company: Sanyulo OÜ Address: Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 3 // 5 // 7, 10145, Estonia. Email: support@kraftathlet.eu Phone number: +15645445359 to return or hand over the goods. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning. The right of withdrawal does not apply to the following contracts:
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sample cancellation form |
(If you want to cancel the contract, please fill out this form and send it back.) |
- To Company: Sanyulo OÜ - Address: Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 3 // 5 // 7, 10145, Estonia. - Email: support@kraftathlet.eu - Telephone number: +15645445359 - - 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 if notification is on paper) - Date |
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13- European Consumer Dispute Resolution
- The seller refers to the online dispute resolution for consumers in accordance with Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which customers can find at http://ec.europa.eu/consumers/odr/ Here you can enter into out-of-court settlement of consumer disputes arising from online contracts.
- The seller is not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.
14- Environmental protection
- The seller cooperates with environmental organizations to contribute to environmental protection.
- The seller uses environmentally friendly packaging and shipping methods wherever economically and logistically possible.
- Customers are encouraged to dispose of the packaging of the products they receive in an environmentally friendly manner and to use recycling options.
- The Seller continuously strives to improve its business practices in terms of sustainability and environmental protection. Customers will be informed of any significant changes
15- Final provisions
- The law of the Republic of Estonia applies, excluding the UN Convention on Contracts for the International Sale of Goods.
- Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
- The place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the registered office of the seller, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
16- Mobile Terms of Use
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As of November 23, 2024
Kraftathlet's mobile messaging service (the "Service") is operated by Kraftathlet ("Kraftathlet," "we," or "us"). Your use of the Service is conditioned on your acceptance of these terms ("Mobile Terms"). We reserve the right to modify or discontinue the Service or any feature thereof without notice. To the extent permitted by law, we may modify these Mobile Terms at any time. Your continued use of the Service after such changes become effective will constitute your acceptance of the changes.
By agreeing to Kraftathlet's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Kraftathlet to the wireless number you provide, even if your number is registered on a state or federal "do not call" list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, notifications and information (e.g., order status, account alerts, etc.). Promotional messages may include offers, special promotions and other marketing promotions (e.g., shopping cart reminders).
You understand that enrollment in this program is not required to make purchases, and your consent is not a requirement for making purchases from Kraftathlet. Your participation in this program is entirely voluntary.
We do not charge for the service, but you are responsible for all charges and fees associated with SMS/text messaging from your wireless carrier. Message frequency varies. Message and data rates may apply. Please check your wireless plan and contact your wireless carrier for further details. You are solely responsible for all charges associated with SMS/text messaging, including charges from your wireless carrier.
You may unsubscribe from the service at any time. Text Kraftathlet with the keyword "STOP" or click the unsubscribe link in a text message (if available) to stop participating. You will receive a one-time confirmation message to unsubscribe. After that, no further messages will be sent to your mobile device unless you initiate it again. If you have signed up for other Kraftathlet mobile messaging services and wish to cancel them, you must unsubscribe separately (where permitted by law) by following the instructions in their terms of use.
For support or help related to the Service, send “HELP” to Kraftathlet or email us at support @kraftathlet .eu .
We may change the short code or telephone number we use for the Service at any time and will notify you of such changes. You acknowledge that messages, including "STOP" or "HELP" requests, sent by you to a changed short code or telephone number may not be received. We assume no responsibility for requests made in such messages.
The mobile operators supported by the Service are not responsible for delayed or undelivered messages. You agree to provide us with a valid mobile phone number. If you receive a new mobile phone number, you must re-enroll in the Program using the new number.
To the extent permitted by law, you agree that we will not be liable for any faulty, delayed or misdirected transmission of any information on the Service, any errors in such information, and/or any action you take or do not take based on the information or the Service.
We respect your right to privacy. For information about how we collect and use your personal data, please see our Privacy Policy .