GENERAL TERMS AND CONDITIONS (GTC)

1. Scope and parties

1.1 Any supplies and services provided based on a purchase order placed in the web shop available at shop.blackroll.de (hereinafter referred to as “Online Shop”) will be exclusively provided subject to the following General Terms and Conditions, as amended and applicable at the time of the purchase order. Unless otherwise agreed, deviating terms and conditions shall not apply.

1.2 Customers within the meaning of these General Terms and Conditions can be both, consumers and business persons. Consumers within the meaning of these General Terms and Conditions are individuals that place the purchase order for a purpose that cannot be primarily attributed to their commercial or self-employed activities. Business persons within the meaning of these General Terms and Conditions are individuals, legal entities or partnerships with legal capacity that place the purchase order in the course of their commercial or self-employed activities. 

1.3 The Online Shop is provided by BLACKROLL AG, Hauptstrasse 17, CH-8598 Bottighofen, Switzerland, represented by its CEO Marius Keckeisen, phone +49 (0)7141 309 8853-0, fax +49 (0)7141 309 8853-9, shop@blackroll.com, commercial register office: Canton of Thurgau, company identification number (UID)/company number: CHE-228.574.355 (hereinafter referred to as “BLACKROLL”). BLACKROLL becomes the party to any purchase order placed in the Online Shop. 

2. Contract conclusion

2.1 The presentation of the goods in the Online Shop does not constitute a legally binding offer on the conclusion of a contract by BLACKROLL, but is merely a non-binding invitation to place a purchase order.

2.2 Customers must have a minimum age of 18 years. Goods will only be sold in normal household quantities. 

2.3 The Customer may select goods in the Online Shop and place them in its shopping cart by clicking on the button “In den Warenkorb/add to shopping cart”. Inaccurate input may be corrected by using the customary keyboard and mouse functions or the button “Review order” at any time, until the Customer clicks on the button “complete order“. By clicking the button “complete order” the Customer submits a binding offer on the purchase of the goods placed in the shopping cart. 

2.4 Upon receipt of the purchase order, BLACKROLL will send an automatic confirmation of receipt to the email account that you specify. This automatic confirmation of receipt does not constitute the acceptance of the purchase order, but only documents that the purchase order has been received by BLACKROLL.

2.5 The contract with BLACKROLL will be concluded when BLACKROLL confirms the acceptance and processing of the purchase order as well as the shipping of the goods by a separate email (order/shipping confirmation) to the Customer.

2.6 In the event it should not be possible to deliver the ordered goods, for instance, since the corresponding goods are not in stock, BLACKROLL will not send an order/shipping confirmation. In this case, no contract will be concluded. BLACKROLL shall promptly notify the Customer and, if applicable, promptly refund any consideration that it may already have received. The Customer may agree with the customer service department on a later delivery date. 

3. Electronic storage of the contract text

In accordance with the statutory requirements, BLACKROLL will store the purchase order together with the GTC and any data input during the ordering process. Upon the completion of the ordering process in the Online Shop, the ordering data and GTC may be printed by the Customer after clicking the button “zahlungspflichtig bestellen/order with obligation to pay“. In addition, the Customer will be provided with this information in the confirmation of receipt and the order/shipping confirmation by email. In the event the Customer has registered as a user in the Online Shop, it is also possible to view the order data in the section “Mein Konto/my account” of the Online Shop. In the event the Customer should not have registered in the Online Shop and wish to have its order data forwarded, it may send an email to shop@blackroll.com. 

4. Information on the right of withdrawal and model withdrawal form 

If the Customer is a consumer, he/she has a right of withdrawal as described below: 

Information on the right of withdrawal

Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. 
To exercise your right of withdrawal, you must inform us, (Customers with a shipping address in Germany or other countries except Switzerland please use the following contact details: AREAS Fitness Private GmbH, c/o BLACKROLL AG, Gottlieb-Daimler-Str. 1, 78467 Konstanz, Deutschland, Tel. +49 (0)7141 309 8853-0, Telefax +49 (0)7141 309 8853-9, shop@blackroll.com; Customers with a shipping address in Switzerland please use the following contact details: BLACKROLL AG, Hauptstrasse 17, CH-8598 Bottighofen, Switzerland, phone +49 (0)7141 309 8853-0, fax +49 (0)7141 309 8853-9, shop@blackroll.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, phone, fax or email). You may use the attached model withdrawal form, but it is not obligatory. 

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. 

Effects of withdrawal 
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund. We may withhold reimbursement until we have received the goods back from you or until you have supplied evidence of having sent back the goods, whichever is the earlier. 

You shall send back the goods or hand them over to us, Customers with a shipping address in Germany or other countries except for Switzerland: Mr. Alexander Jung – Punktgenau - Marketing für Business, Sport & Events, Hofener Weg 33C, D-71686 Remseck am Neckar, Germany, and Customers with a shipping address in Switzerland to BLACKROLL AG, Hauptstrasse 17, CH-8598 Bottighofen, Switzerland, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. 

The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. 

End of information on the right of withdrawal 

Model withdrawal form 
(Complete and return this form if you wish to withdraw from the contract) 

Customers with a shipping address in Germany or other countries except for Switzerland: AREAS Fitness Private GmbH, c/o BLACKROLL AG, Gottlieb-Daimler-Str. 1, 78467 Konstanz, Deutschland, Tel. +49 (0)7141 309 8853-0, Telefax +49 (0)7141 309 8853-9, shop@blackroll.com; Customers with a shipping address in Switzerland: BLACKROLL AG, Hauptstrasse 17, CH-8598 Bottighofen, Switzerland, fax +49 (0)7141 309 8853-9, shop@blackroll.com. 

I/we (*) hereby give notice that I/we (*) withdraw from my/our contract of sale of the following goods (*) 

Product __________________________________________ 
Ordered on (*) / received on (*) __________________________________________ 
Name of consumer(s) __________________________________________ 
Address of consumer(s) __________________________________________ 
Signature of consumer(s) (only if notice is sent on paper) __________________________________________ 
Date__________________________________________ 

(*) Delete as appropriate

5. Prices and shipping charges

5.1 The shipping charges are indicated here and will be computed during the ordering process and shown to the Customer. 

5.2 Prices are indicated in Euro (EUR).

5.3 Unless otherwise provided in the product description, the prices indicated in the Online Shop are retail prices that include the then-applicable statutory value added tax (VAT); shipping charges will be added separately. 

5.4 In the event of shipments to locations outside Germany, depending on the goods shipped, customs, other charges and levies, plus tax in the country of destination may become due. The Customer will bear these costs and charges and pay them directly to the competent authority. BLACKROLL recommends obtaining information from the responsible authority in advance. 

6. Delivery terms and periods

Goods will be shipped to the shipping address provided by the Customer. Depending on the time of the receipt of order, purchase orders will be processed and prepared for shipment as soon as possible. Goods will be delivered by parcel service. Unless the parties agree otherwise, the delivery period for shipments within Germany will be up to five (5) business days and for shipments outside Germany up to fourteen (14) business days following the completion of the ordering process by the Customer. 

7. Payment terms

7.1 BLACKROLL accepts payments via credit card (Visa, Mastercard), PayPal and Sofortüberweisung.

7.2 Unless otherwise provided, the payment of the purchase price becomes due upon the conclusion of the contract. 

8. Improvements and modifications

BLACKROLL reserves the right to modify or change the product, including without prior notice, if this improves the product quality from the manufacturer’s perspective. Slight deviations from descriptions and illustrations are possible. 

9. Reservation of title

BLACKROLL reserves any ownership rights and title in and to the goods until full payment has been received. 

10. Warranty

Warranty is subject to statutory provisions. The limitations period for statutory warranty claims is two (2) years as of delivery of the goods. 

11. Data protection

BLACKROLL collects and uses the personal data provided (e.g., name, address or email) in accordance with the provisions of the applicable data protection law. For further information please refer to our Privacy Policy.

12. Applicable law, place of jurisdiction, and contract language

12.1 This Agreement is governed by Swiss law; the UN Convention on the International Sale of Goods (CISG) shall not apply.

12.2 In the event the Customer acts as a consumer, the above choice of law clause shall only apply to the extent that this does not deprive the Customer from its protection by mandatory statutory provisions of the country in which the Customer has its habitual place of abode. 

12.3 If the Customer is a business person, a public law entity, or a special fund under public law (öffentlich-rechtliches Sondervermögen), the parties agree on Kreuzlingen (Canton of Thurgau, Switzerland) as the place of jurisdiction for all disputes arising out of or in connection with these General Terms and Conditions or any contracts concluded under them. 

12.4 German is the exclusive contract language.

Version: 04/2017