General terms and conditions for business transactions between
Brands TeamTex GmbH as operator of the online store www.matrixfitnessstore.con
and its customers
These terms and conditions apply to all contractual relationships between customers of the online store www.matrixfitnessstore.con (hereafter also referred to as "Purchaser") and
Brands TeamTex GmbH
Hittfelder Kirchweg 9-13
Fax: +49 (0)4181 / 94 22 - 500
Managing directors with authorization to represent: Henning Brandt
Registry court: Amtsgericht Tostedt: HRB [Commercial Registry no.] 4984
Ust.-IdNr. [value added tax ID no.].: DE293465619
(hereafter also referred to as "Seller").
Seller is an authorized dealer of Johnson Health Tech North America, 1600 Landmark Drive, Cottage Grove, WI 53527 (hereafter also referred to as "Johnson Fitness") and sells the products offered on the www.matrixfitnessstore.con website under its own name. Johnson Fitness is the sole holder of all proprietary rights relating to the products sold in the online store (logos, brands, copyrights, etc.) as well as to the domains used. Consequently, they are original Johnson Fitness goods. Seller's terms and conditions of business hereunder are the only terms and conditions in effect. By entering into the contract, Purchaser acknowledges the validity of these terms and conditions of business.
1. Parties to the contract and delivery area
The online store www.matrixfitnessstore.con is only intended for consumers. Complaints regarding the website and the delivery service should be directed to Seller. The products offered via http://www.matrixfitnessstore.con/ will be delivered to all countries included in the list of countries published on the website. If the country in which the requested delivery address is located is not among the countries listed when the order is placed, Purchaser is requested to contact customer service at the following address: email@example.com.
All product information available on www.matrixfitnessstore.con such as technical specifications, images, dimensions or compatibility details is non-binding and subject to change unless it is specifically designated as binding. The offers on www.matrixfitnessstore.con are non-binding for Seller and do not constitute an offer of a contract, but a request to Purchaser to make an offer. Only Purchaser's purchase order constitutes a binding offer of a contract. Submission of such a purchase offer requires the following steps: Purchaser may select products from the line of products and collect them in a so-called shopping cart by clicking on the button "Add to cart" or the cart icon. In the shopping cart, Purchaser can choose the quantity for the selected products and add or remove products. After product selection has been completed, Purchaser is asked to provide his/her data for the purpose of contract fulfillment. If Purchaser decides to pay by credit card, Purchaser's data will be directed to the website of the authorized payment service provider for verification.
3. Product purchase
The internet shop is available in English. Seller will save the text of the contract. Once the order has been placed, Purchaser can no longer view this text. However, the order confirmation contains all contract details or the relevant links thereto. When a product is ordered, Seller may reserve the right to allow Purchaser to purchase only a certain quantity.
Deliveries shall always be made and services rendered subject to the conditions and prices published on the website on the day the contract takes effect. For deliveries to addresses within the European Union and Switzerland, the prices listed include VAT. For all other countries, final prices do not include VAT. The VAT portion is calculated based on the country in which the goods ordered will be delivered. Purchaser is responsible for paying taxes and other expenses incurred in the country in which Purchaser's delivery address is located.
5. Delivery dates
The delivery dates and product availabilities indicated in the online store are non-binding. If the goods ordered are not available, Purchaser shall be notified immediately that the goods will not be delivered and that Purchaser will be refunded an appropriate consideration. If the goods ordered are unavailable without Seller's fault, Seller has the right to withdraw from the contract. If Seller does not deliver the goods four weeks after the stated delivery date at the latest, Purchaser may request Seller in writing to deliver the goods within a reasonable time and withdraw from the contract after the deadline has passed without performance. Claims for damages because of delayed performance shall only be taken into consideration in case of willful intent and gross negligence. In cases where Seller is not responsible for the circumstances preventing performance, including without limitation energy supply or traffic disruptions, declaration of an embargo, disruption of operations, labor dispute, delayed or missed deliveries from Seller's suppliers and in other cases of force majeure, the delivery time shall be extended by the length of time during which the circumstances preventing performance continue. If contract fulfillment is impossible for the stated reasons, Seller shall be released from the obligation to deliver.
6. Packaging and shipping
Packaging and shipping costs shall be charged separately based on the type of delivery and destination address and shall be shown on the order confirmation before the order is sent. All shipments are sent at Purchaser's risk. If Purchaser does not provide shipping instructions when placing the order, Seller will decide on the type of shipment according to his best judgment excluding any liability in this respect. Shipments whose external appearance indicates damage (transport damage) to the contents shall only be accepted by Purchaser subject to claims for damages against the carrier, and Purchaser shall file a claim with the carrier for damages noted.
7. Retention of title
All goods delivered by Seller remain Seller's property until paid in full.
8. Payments/payment terms
Our invoices from goods deliveries are due immediately and, if not otherwise agreed, payable net cash within 10 days after invoice date. The customer shall be deemed in default if he does not pay within 10 days after due date and receipt of the invoice. Cheques shall only be deemed as payment after they have been encashed. In case of default in payment we shall charge interest in the amount of 5% above the base lending rate of the European Central Bank. If the customer is a merchant we shall charge this interest rate from the time when the payment deadline is exceeded.
We reserve the right in certain cases, in particular in case of doubt about the solvency of the customer which becomes clear are conclusion of the contract, to only carry out deliveries and services against advance payment, cash payment or by cash on delivery.
9. Complaints and quality defects
Upon receipt of the goods, Purchaser must verify that the shipment is complete and correct and notify Seller of any discrepancies by sending an email to the following address: firstname.lastname@example.org. Any obvious defects in the goods delivered must be reported within 2 weeks. The rejected goods must be returned with carriage, postage and charges paid. No liability will be assumed for goods sent by Purchaser unless damage to the goods is due to Seller's willful intent or gross negligence. This shall also apply to the processing of the goods. Goods made on special order which are free from defects may not be returned, canceled or exchanged.
10.1 Seller's implied warranty ("Gewährleistung")
If the delivered goods are defective, the implied warranty provisions of the German Civil Code apply: If Seller is responsible for the defects, Seller has the right at Purchaser's option to replace or repair the goods within a reasonable period. Purchaser is not allowed to reduce the purchase price or withdraw from the contract until this cure has failed. The warranty period is two years starting with the date when the goods are delivered to Purchaser. In case of a complaint, evidence of the purchase contract must be shown (e.g. invoice issued by Seller).
10.2 Manufacturer's express warranty
Manufacturer may grant an express product warranty. This is the case when a warranty card is included with the product. The length, terms and use of this warranty are explained in the warranty card. The rights resulting from the manufacturer's warranty can only be asserted vis-à-vis the manufacturer, not vis-à-vis the Seller. Purchaser's implied rights regarding quality defects are not affected by this warranty. If the warranty card included does not contain warranty terms for the country to which the goods were sent, Purchaser is asked to contact email@example.com that Seller can establish contact with the manufacturer. This requires the following information:
a) Purchaser's user name
b) Product serial number
c) Product description
d) Description of defects found
e) Warranty action requested
f) Location of the requested warranty action.
10.3 Where to submit claims
The claim must be submitted to Seller by sending an email to firstname.lastname@example.org. Seller will then notify Purchaser of the location of the customer service center and how to send the product to this center.
Seller is only liable for damages
- if the Product Liability Act [Produkthaftungsgesetz] stipulates liability on Seller's part,
- in case of injuries to life, limb or health,
- if Seller breaches a warranty granted by Seller,
- if the damage is due to Seller's gross negligence or willful intent or if
- Seller culpably breaches a material contractual obligation (primary obligation), i.e. an obligation the satisfaction of which is significant for the contract and upon which the customer may rely. In this case, liability is limited to the anticipated damage which will typically occur.
In all other cases, Seller's liability for damages is precluded.
12. Final provisions
Place of performance for deliveries and payment is Seevetal. These terms as well as all contracts entered into under these terms are governed by German law excluding the UN Convention on the International Sale of Goods. The place of jurisdiction is Tostedt, Germany, unless mandatory provisions of law in favor of Purchaser apply. If any of the aforementioned provisions is invalid, this shall have no effect on the validity of the other provisions. The invalid or unenforceable provision shall be replaced by statutory regulations. Seller reserves the right to amend these provisions and general terms and conditions at any time. The current version is available on the www.matrixfitnessstore.con website.
All content of www.matrixfitnessstore.con is protected by copyright. Without prior written consent, this website may not be reproduced, disseminated by electronic or conventional means, transmitted, modified, linked or used for public or commercial purposes, either in its entirety or in part.
Version as of April 2009
Terms of revocation
Right of revocation
You have the right to withdraw from this agreement within fourteen days without stating a reason. The period of revocation is fourteen days from the date on which the goods were accepted by you or by a third person appointed by you, who is not the carrier.
In order to exercise your right of revocation, you must notify us - Matrix, c/o Brands Teamtex GmbH, Hittfelder Kirchweg 9-13, 21220 Seevetal, Germany, tel.: +49 (0)4181/9422-0, fax: +49 (0)4181/9422-500, e-mail: email@example.com - accordingly in an unequivocal statement (e.g. letter sent by post, telefax or e-mail) of your decision to withdraw from the agreement. You may use the attached sample revocation form for this purpose, however this is not mandatory. Sending notification of your intention to exercise your right of revocation prior to expiry of the period of revocation shall be sufficient to comply with the period of revocation.
Consequences of revocation
If you withdraw from this agreement, we shall refund all payments that we have received from you, including delivery costs (with the exception of additional costs that arise if you have selected a form of delivery other than the cheapest form of standard delivery offered by us) without undue delay and within fourteen days at the latest from the date on which we received the notice of revocation. For this refund we use the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.
We may refuse the refund until the goods have been returned to us or until such time as you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and, at all events, within fourteen days at the latest from the date on which you notified us of your withdrawal from the agreement. The deadline shall be deemed to have been complied with if the goods are dispatched prior to expiry of the deadline.
The immediate costs of returning the goods shall be borne by you.
You shall only be required to compensate any loss of value if said loss of value can be attributed to any unnecessary handling of the goods for the purpose of testing the condition, properties and functionality of said goods.
Exclusion of the right of revocation.
There is no right of revocation for agreements on the delivery of goods that are not prefabricated and for the manufacture of which the consumer has made an individual selection or stipulation, or that have been clearly tailored to meet the personal requirements of the consumer.
Download: "Matrix Revocation form.pdf"