General Terms and Conditions
§ 1 General
a) Area of Validity
The following terms and conditions shall apply in the version valid at the time of signing the contract for all legal relationships between Mr. Christian Pälchen, Herminenstraße 6, 31675 Bückeburg (hereafter called: Fit for Family) and his customers. Conflicting General Terms and Conditions of the customers are hereby expressly rejected.
b) Contract Agreement
Contract language is German. As far as English-language texts are used, they are only used to simplify communication. The German text version shall always override questions regarding interpretation or linguistic variations.
c) Registration
To use the full content of this website, it is initially required to set up a customer account. Therefore, the necessary data is asked for, so Fit for Family can perform the services. The data input are confirmed by clicking the “Registration” button and setting the checkmark to acknowledge the General Terms and Conditions. The customer will then receive a confirmation email with the required Log-In data. Only when the customer initially logs in with these data at Fit for Family is the registration complete.
The password which allows the customer access to the personal area is to be treated with strict confidentiality, and is not to be forwarded to third parties under any circumstances. The customer shall take the suitable and appropriate precautions and measures to prevent that third parties have knowledge of their password. A customer account cannot be transferred to other user/customers or other third parties.
d) Booking of tests
The description of the product line on Fit for Family’s website is subject to change and not binding. The order process on this website consists of a total of three (3) steps. In the first step, the client selects the desired merchandise. In the second step, the client enters their data including billing address and, if necessary, different delivery address, if not already specified in their customer account or -if payment with Paypal is chosen- in their PayPal account. If the customer chooses the payment option "PayPal", he is forwarded to the PayPal page. After entering his data on PayPal´s Website he is again forwarded to the Internet page of Fit for Family.
In the third step, the client has the opportunity to double-check all data (i.e. name, address, ordered merchandise) and, if necessary, to correct data entry errors before they confirm their order by clicking the button “Purchase Now” (German: “zahlungspflichtig bestellen”/”legally binding purchase order”). This order signifies the customer’s legally binding contract offer. Fit for Family will confirm the receipt of the order immediately. The confirmation receipt does represent a legally binding acceptance of the order. This acceptance closes the contract between Fit for Family and its client. The contract’s text body shall be saved by Fit for Family, and shall be sent to the customer in writing (i.e. email or regular mail) in addition to the present General Terms and Conditions, and Customer Information. The contract’s text body cannot, however, be accessed by the customer via the seller’s Internet website after having submitting their order. The customer may print the applicable website’s page showing the contract’s text body through the browser’s Print function.
§ 2 Delivery and Services
a) Partial Shipments
Fit for Family is entitled to make partial shipments when this is deemed acceptable to the customer. In the event of partial shipments, the customer shall, however, not incur any additional shipping cost.
b) Delays in delivery and services
Delays in delivery and services based on acts of God/force majeure and extraordinary and non-foreseeable events, which even with extreme precaution by Fit for Family cannot be prevented (including especially: strikes, regulatory action or court orders, and instances of incorrect or improper delivery of goods to the seller despite the appropriate covering transaction to that effect), are not to be imputed to Fit for Family. They entitle Fit for Family to postpone delivery by the time period of the hindering circumstance.
c) Cancellation of Contract
At non-availability, based on the above-mentioned reasons, Fit for Family may cancel the contract. Fit for Family commits to inform the customer without delay about the non-availability and shall reimburse any services already rendered in return.
d) Delivery Exclusion
Post Office boxes will not be delivered.
e) Delay of Acceptance
Should the customer be in delay of acceptance of the goods ordered, Fit for Family shall be entitled, after an appropriate grace period, to cancel the contract and file for damages due to delay or non-compliance. During the delay of acceptance, the customer carries the risk of accidental loss or accidental deterioration.
d) Time of Performance
As far as it is not otherwise agreed upon, Fit for Family shall perform the service within seven (7) days. The commencement of the delivery period for prepayments is the day after submitting the payment order to the transmitting credit institution, or for cash on delivery or payment by invoice the day after close of contract. The period ends on the subsequent seventh day. Should the last day of this period be a Saturday, Sunday, or national holiday observed by the respective country of the delivery address, the period ends on the following business day.
§ 3 Seminars and Events
a) General
Fit For Family offers seminars as well as events for singles and couples. Fit For Family is entitled to have a third party fulfill the contract in whole or in parts. Minor reasonable changes such as topics, order of topics and speakers are subject to change.
b) Booking
The booking process of the events and seminars offered shall takes place through offer and acceptance whereby the customer’s booking (e.g. by email, contact form through this website) facilitates the offer.
As far as the booking does not take place by email but through the website, the order process consists of three (3) steps. In Step 1, the customer chooses desired Fit For Family’s offer package. In Step 2, the customer shall enter their data and has the possibility to double-check all data entered (e.g. name, address, payment method, desired seminar or event) and, if necessary, correct entry mistakes before the customer is transferred to PayPal by clicking the button “Send your booking”. After input of the required PayPal payment details to process payment, the order process finalized by clicking the button „Pay Now“. This entails a binding contract offer by the customer. Fit For Family shall confirm receipt of the customer’s booking immediately, as far as the order was received through the website. This receipt of booking does not constitute a legally binding acceptance of the booking.
Fit For Family is entitled to legally accept the customer’s contract offer made by the booking (by email or contact form) within one week after receipt of the booking in text form (e.g. by email, facsimile). The contract between Fit For Family and the customer comes into legal existence with the acceptance. As far as the booking takes place through the contact form, the text body is saved and stored by Fit For Family and is send to the customer after they send their order, together with the present General Terms and Conditions and the customer information in text form (e.g. email, facsimile or by regular mail). The contract text cannot be retrieved by the customer after sending their booking through Fit For Family’s internet site. As far as the close of contract did not take place through the website, the contract text will not be saved and stored separately.
c) Terms of Payment
Seminar fees entitle to the participation of the booked seminar and are to be paid prior to the beginning of the seminar at the latest. The course admission as well as detailed seminar materials are included in the admission fee. The customer is responsible themselves for accommodations and meals, such are not included in the admission fee, as far as nothing to the contrary has been expressly agreed upon. If only parts of the seminar are attended, for which Fit For Family is not responsible for, missed hours/days cannot be repeated and are not to be deducted to reduce the admission fee. This also includes attendance and admission at booked events.
d) Cancellation through the customer
Cancellation of the services booked by the customer is possible in writing (by email or regular mail). The right to cancel is not touched through this cancellation regulation; the right to cancel does not exist, however, in regards to contracts with additional services in connection with leisure activities, if the contract provides for performance on a specific date or during a specific period. The cancellation fees correspond with the following regulations, whereas the cancellation is free of charge, if it is received thirty (30) days prior to the agreed seminar or event begin, at the latest. The timely cancellation takes place when Fit For Family receives the cancellation notice. Upon later cancellation, the cancellation fees shall be as follows:
50 per cent of the agreed invoice amount, starting from the 29th to the 14th day of contract start
100 per cent of the agreed invoice amount for cancellation up to the point of less than 14 days before agreed seminar or event start
The customer has to provide proof that Fit For Family did not occur any cost or minor cost. Fit For Family will provide re-booking based upon availability instead of a cancellation whereby seminars or events booked through re-booking are no longer subject to cancellation by the customer.
e) Postponement of dates and cancellations by Fit For Family
Fit For Family reserves the right to change dates, cancel seminars or events and/or locations up to seven (7) days prior to seminar or event start. All payments received for cancelled seminars or events will be reimbursed. Additional damages by the customer toward Fit For Family are not subject to legal recourse. The customer is required to make arrangements for such cancellation events regarding travel or hotel reservations (e. g. through purchase of a travel cancellation insurance.)
§ 4 Payment
a) Payment Terms
Payment is made via PayPal.
b) Pricing
All prices are final prices. Due to the small business status, we do not charge VAT. In addition are separated listed cost for Shipping & Handling, if pick up by the customer at Fit for Family’s office in Bückeburg is not arranged.
c) Right of Retention
The enforcement of a right of retention is only available to the customer for such counterclaims which are due and based on the same legal relationship as the customer’s obligation.
§ 5 Cancellation for Customers with Distance Contracts
The consumer has the right to cancel distance contracts, which can be taken from the separate Cancellation Policy with sample cancellation form.
§ 6 Warranty
a) Warranty claim
There are legal warranty claims. A warranty claim may only be made concerning the condition of the merchandise; reasonable deviations in regards to aesthetic characteristics of the merchandise shall not come within the warranty claim. Should there be additional guarantees in addition to the warranty claims, you shall find their exact conditions with each product. Potential guarantees do not touch the warranty claims. Fit for Family does specifically not assume a guarantee for advice and courses given in books and instructions. Success is only owed to the transfer of products.
b) Transfer of risk
Risk of accidental destruction or deterioration of merchandise ordered shall only be transferred upon the customer’s receipt of goods.
c) Notification
Should the customer realize that they receive goods in damaged packaging or notice damage after receipt of the goods, Fit for Family asks that the customer informs the company. There shall neither be an obligation to such notification nor shall the customer’s warranty rights be affected by an omitted notification.
d) Subsequent performance
Should the merchandise be defective, the customer may choose to require subsequent performance in form of subsequent repair or subsequent delivery. In the event that, even after two attempts, the defect could not be corrected, the customer may choose to cancel the purchase or reduce the price.
e) Rights regarding non-essential defects
Should a non-essential defect exist, the customer shall be entitled only to the right of an appropriate reduction of the purchase price excluding the right to cancel.
f) Damages for defects
Liability is not assumed for damage which may be based on the incorrect handling or use of the merchandise. Fit for Family shall only provide damages for the goods’ defects in the event of intent or gross negligence. This exclusion shall not be applied to liability for damage to loss of life, bodily injury or damage to the health of a person. Regulations of the German Product Liability Law shall also be untouched by the exclusion from liability.
g) Warranty towards business owners
The following regulations apply towards business owners, apart from the statutory warranty regulations: in case of defect, Fit for Family shall provide subsequent performance, based on their own choice in form of defect removal or renewed delivery. The risk of accidental loss or deterioration of the goods already transfers to the person responsible for the transport. Warranty claims shall be subject to statutory limitation within one year after the pre-determined risk transfer. Exempt from this is the Right of Recourse according to § 478 BGB [German: BGB – Bürgerliches Gesetzbuch/German Civil Code]
h) Business owners’ duty to objection
Business owners are obligated to immediately inform of obvious defects in writing: otherwise the validity of warranty claims shall be excluded. Timely mailing of the objection within the grace period shall suffice. The business owner shall produce proof in its entirety that all conditions for a claim have been met, especially the defect itself, the exact time of discovery of the defect and the timeliness of the objection regarding the defect.
§ 7 Liability
a) Liability exemption disclaimer
Fit for Family, and its legal representatives and vicarious agents, shall only be liable for intent or gross negligence. As far as considerable contract duties (consequently such duties whose adherence are of necessary meaning for the attainment of contract purposes) are concerned, even slight negligence is covered. Liability is limited in this case to foreseeable, contract typical, immediate average damages. Towards business owners, Fit for Family shall only be liable in the case of a grossly negligent violation against insignificant contract duties only in the amount of the foreseeable, contract typical, immediate average damage.
b) Retention of Liability
The aforementioned liability exemption disclaimer shall not concern liability for damage to loss of life, bodily injury or damage to the health of a person. Regulations of the German Product Liability Law shall also be untouched by the exclusion from liability.
§ 8 Final clause
a) Place of Jurisdiction
It is agreed that the exclusive place of jurisdiction for all litigation proceedings based on this contract shall be the registered office of Fit for Family in Bückeburg, insofar as the customer is a merchant, legal entity under public law or special fund under public law, or insofar as the customer does not have a place of jurisdiction in the Federal Republic of Germany.
b) Governing Law
Unless mandatory legal provisions based on the customer’s right of domicile do not prevent it, it shall be agreed upon that German law shall valid excluding the UN Convention on the International Sale of Goods.
c) Severability Clause
Should individual terms of this contract become invalid or ineffective, it shall not infringe on the validity of the remaining General Terms and Conditions.
