General Terms and Conditions with Customer Information

Table of contents

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping terms
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Special conditions for the processing of goods to specific customer specifications
10. Redemption of promotional vouchers
11. Redemption of gift vouchers
12. Applicable law
13. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of Vadim Sohin, trading as "GYMRAVER" (hereinafter "we/us"), apply to all contracts for the supply of goods that you as a consumer or entrepreneur (hereinafter "you") conclude with us in respect of the goods presented in our online shop. We hereby object to the inclusion of your own terms and conditions, unless we have agreed otherwise with you.

1.2 These GTC apply accordingly to contracts for the supply of vouchers, unless otherwise agreed in that respect.

1.3 These GTC apply accordingly to contracts for the supply of tickets, unless expressly agreed otherwise in that respect. These GTC govern only the sale of tickets for specific events described in more detail in our item description, and not the running of those events. The running of the events is governed exclusively by the statutory provisions in the relationship between you and the organiser, together with any diverging terms of the organiser. Unless we are also the organiser, we are not liable for the proper running of the event, for which the respective organiser is solely responsible.

1.4 You are a consumer within the meaning of these GTC if you enter into a legal transaction for purposes that are predominantly outside your trade, business or profession.

1.5 You are an entrepreneur within the meaning of these GTC if you are a natural or legal person or a partnership with legal capacity acting in the exercise of your trade, business or profession when concluding a legal transaction.

2) Conclusion of contract

2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve to enable you to submit a binding offer.

2.2 You can submit your offer via the online order form integrated into our online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer in respect of the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 We can accept your offer within five days,

• by sending you a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by you is decisive, or
• by delivering the ordered goods to you, in which case receipt of the goods by you is decisive, or
• by requesting payment from you after you have submitted your order.

If several of the above alternatives apply, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting your offer begins on the day after you send your offer and ends at the end of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that you are no longer bound by your declaration of intent.

2.4 If you select a payment method offered by PayPal, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if you do not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If you pay by means of a payment method offered by PayPal and selectable during the online ordering process, we hereby declare acceptance of your offer at the point in time at which you click the button that completes the ordering process.

2.5 When you order via our online order form, we store the text of the contract after the contract has been concluded and send it to you in text form (for example email, fax or letter) after you have submitted your order. We do not make the contract text available beyond this. If you set up a user account in our online shop before submitting your order, your order data will be archived on our website and can be accessed by you free of charge via your password-protected user account by entering the relevant login details.

2.6 Before submitting your order via our online order form in a binding manner, you can identify possible input errors by carefully reading the information displayed on the screen. The zoom function of your browser, which enlarges the display on the screen, can be an effective technical means of identifying input errors more easily. You can correct your entries during the electronic ordering process using the usual keyboard and mouse functions until you click the button that completes the ordering process.

2.7 Different languages are available to you for concluding the contract. The specific language selection is shown in the online shop.

2.8 Order processing and contact generally take place by email and automated order processing. You must ensure that the email address you provide for order processing is correct, so that emails sent by us can be received at this address. In particular, if you use SPAM filters, you must ensure that all emails sent by us or by third parties commissioned by us with order processing can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in our withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not nationals of a member state of the European Union and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.

3.4 Unless otherwise agreed, there is no right of withdrawal in the case of contracts for the provision of services related to leisure activities where the contract provides for a specific date or period of performance. Accordingly, the right of withdrawal is also excluded for contracts concerning the sale of tickets for date-specific leisure events.

4) Prices and payment terms

4.1 Unless otherwise stated in our product description, the prices quoted are total prices including statutory value added tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which we are not responsible and which are to be borne by you. These include, for example, costs for the transfer of money by credit institutions (such as transfer fees or exchange rate fees) or import duties or taxes (such as customs duties). Such costs may also arise in relation to the transfer of money if the delivery is not made to a country outside the European Union but you make the payment from a country outside the European Union.

4.3 The available payment method or methods will be communicated to you in our online shop.

4.4 If you select a payment method offered via the "PayPal" payment service, payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If we also offer payment methods via PayPal in which we make advance performance towards you (for example purchase on account or payment by instalments), we assign our payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting our declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data transmitted. We reserve the right to refuse you the selected payment method in the event of a negative check result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case you can only make payment with discharging effect to PayPal or to the payment service provider commissioned by PayPal. However, even in the case of an assignment of claims, we remain responsible for general customer enquiries, for example regarding the goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns of goods, or credit notes.

4.5 If you select a payment method offered via the "Shopify Payments" payment service, payment is processed by Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). We will inform you of the individual payment methods offered via Shopify Payments in our online shop. To process payments, Shopify may use further payment services which may be subject to special payment terms, of which you may be notified separately. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments/de.

4.6 If you select a payment method offered via the "Apple Pay" payment service, payment is processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay will be communicated to you in our online shop. To process payments, Apple may use further payment services which may be subject to special payment terms, of which you may be notified separately. Further information on Apple Pay is available online at https://www.apple.com/de/apple-pay/.

4.7 If you select a payment method offered via the "Google Pay" payment service, payment is processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay will be communicated to you in our online shop. To process payments, Google may use further payment services which may be subject to special payment terms, of which you may be notified separately. Further information on Google Pay is available online at https://pay.google.com/intl/de_de/about/.

5) Delivery and shipping terms

5.1 If we offer shipping of the goods, delivery is made within the delivery area specified by us to the delivery address specified by you, unless otherwise agreed. When processing the transaction, the delivery address specified in our order processing is decisive.

5.2 If delivery of the goods fails for reasons for which you are responsible, you bear the reasonable costs incurred by us as a result. This does not apply to the costs of outbound shipping if you effectively exercise your right of withdrawal. In the event that you effectively exercise your right of withdrawal, the provision made in our withdrawal policy applies to the return shipping costs.

5.3 If you are acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to you as soon as we have delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If you are acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only upon handover of the goods to you or to a person authorised to receive them. By way of derogation from this, the risk of accidental loss and accidental deterioration of the goods sold passes to you even where you are acting as a consumer as soon as we have delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if you have commissioned the forwarding agent, the carrier or the other person or institution designated to carry out the shipment and we have not previously named this person or institution to you.

5.4 If you are acting as a consumer domiciled in Germany or as an entrepreneur, we reserve the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this applies only if we are not responsible for the non-delivery and we have concluded a specific covering transaction with the supplier with due care. We will make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partly available, you will be informed without delay and the consideration will be refunded to you without delay.

5.5 Collection in person is not possible for logistical reasons.

5.6 Vouchers are provided to you as follows:

• by download
• by email

5.7 Tickets are provided to you as follows:

• by download
• by email

6) Retention of title

If we make advance performance, we retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise provided in the following provisions, the statutory rules on liability for defects apply. By way of derogation from this, the following applies to contracts for the supply of goods:

7.1 If you are acting as an entrepreneur,

• we have the choice as to the type of subsequent performance;
• for new goods, the limitation period for claims based on defects is one year from delivery of the goods;
• for used goods, claims based on defects are excluded;
• the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.2 The above limitations of liability and shortened periods do not apply

• to your claims for damages and reimbursement of expenses,
• in the event that we have fraudulently concealed the defect,
• to goods which have been used for a building in accordance with their customary use and have caused its defectiveness,
• to any obligation on our part to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7.3 In addition, for entrepreneurs the statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If you are acting as a merchant within the meaning of section 1 of the German Commercial Code (HGB), you are subject to the commercial duty to examine the goods and give notice of defects pursuant to section 377 HGB. If you fail to comply with the notification obligations set out there, the goods are deemed to be approved.

7.5 If you are acting as a consumer, you are asked to report delivered goods with obvious transport damage to the deliverer and to inform us accordingly. If you do not do so, this has no effect whatsoever on your statutory or contractual claims based on defects.

8) Liability

We are liable to you for damages and reimbursement of expenses under all contractual, quasi-contractual and statutory claims, including claims in tort, as follows:

8.1 We are liable without limitation on any legal ground

• in cases of intent or gross negligence,
• in cases of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise provided in this respect,
• on the basis of mandatory liability, such as under the German Product Liability Act.

8.2 If you are acting as a consumer domiciled in Germany or as an entrepreneur, the following limitations of liability apply:

If we negligently breach a material contractual obligation, our liability is limited to the foreseeable damage typical for this type of contract, unless we are liable without limitation under the preceding paragraph. Material contractual obligations are obligations which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which you may regularly rely. In all other respects, liability on our part is excluded, unless we are liable without limitation under the preceding paragraph.

8.3 The above provisions on liability also apply with regard to our liability for our vicarious agents and legal representatives.

9) Special conditions for the processing of goods to specific customer specifications

9.1 If, according to the content of the contract, we owe not only the delivery of the goods but also the processing of the goods to specific specifications provided by you, you must provide us with all content required for the processing, such as texts, images or graphics, in the file formats, formatting, image sizes and file sizes specified by us, and grant us the rights of use required for this purpose. You alone are responsible for procuring these contents and acquiring the rights to them. You declare and accept responsibility for having the right to use the content provided to us. In particular, you ensure that no third-party rights are infringed as a result, in particular copyrights, trademark rights and personality rights.

9.2 You indemnify us against claims by third parties which they may assert against us in connection with an infringement of their rights through our contractual use of the content provided to us by you. In this context, you also assume the necessary costs of legal defence, including all court and lawyer fees in the statutory amount. This does not apply if you are not responsible for the infringement. In the event of a claim by third parties, you are obliged to provide us without delay, truthfully and completely with all information required to examine the claims and to mount a defence.

9.3 We reserve the right to refuse processing orders if the content provided by you for this purpose violates statutory or official prohibitions or public morals. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors and/or glorifies violence.

10) Redemption of promotional vouchers

10.1 Vouchers that we issue free of charge as part of promotional campaigns with a specific period of validity and that you cannot purchase (hereinafter "promotional vouchers") can only be redeemed in our online shop and only within the stated period.

10.2 Promotional vouchers can only be redeemed by you as a consumer.

10.3 Individual products may be excluded from the voucher campaign, provided that a corresponding restriction results from the content of your promotional voucher.

10.4 Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

10.5 Only one promotional voucher can be redeemed by you per order.

10.6 If our promotional voucher relates to a specific value and not to a percentage price reduction, the value of your goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by us.

10.7 If the value of the promotional voucher is not sufficient to cover your order, you may choose one of the other payment methods offered by us to settle the difference.

10.8 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

10.9 The promotional voucher will not be refunded if you return goods paid for in whole or in part with the promotional voucher within the scope of your statutory right of withdrawal.

10.10 The promotional voucher is intended solely for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. We are entitled, but not obliged, to check the substantive entitlement of the respective voucher holder.

11) Redemption of gift vouchers

11.1 Vouchers that can be purchased via our online shop (hereinafter "gift vouchers") can only be redeemed in our online shop, unless otherwise stated on the voucher.

11.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining balances are credited to you until the expiry date.

11.3 Gift vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

11.4 Gift vouchers can only be used to purchase goods and not to purchase further gift vouchers.

11.5 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by us may be chosen to settle the difference.

11.6 The balance of a gift voucher is neither paid out in cash nor does it bear interest.

11.7 The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent lack of knowledge of the lack of entitlement, the legal incapacity or the lack of authority to represent of the respective holder.

12) Applicable law

12.1 The law of the Federal Republic of Germany applies to all legal relations between us, to the exclusion of the laws on the international sale of movable goods. If you are acting as a consumer, this choice of law applies only to the extent that it does not deprive you of the protection afforded by mandatory provisions of the law of the state in which you have your habitual residence.

12.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, are not nationals of a member state of the European Union and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.

13) Alternative dispute resolution

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

These are a translation of our German General Terms and Conditions, provided for your convenience. In the event of any discrepancy, the German version applies.