1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Fitness Nation GmbH (hereinafter referred to as "Seller") apply to all contracts concerning the delivery of goods by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller in relation to the information provided by Seller completes his goods displayed on his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 For contracts for the delivery of goods shown in the print catalog of the seller, these terms and conditions apply accordingly, unless otherwise stipulated otherwise.
1.3 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless otherwise stipulated otherwise.
1.4 For contracts for the delivery of tickets, these terms and conditions apply accordingly, unless expressly otherwise stipulated. These terms and conditions govern only the sale of tickets for certain, in the item description of the seller specified events and not the execution of these events. For the execution of the events, only the statutory provisions in the relationship between the customer and the organizer and, if applicable, deviating conditions of the organizer apply. Unless the seller is also the organizer at the same time, he is not liable for the proper performance of the event, for which only the respective organizer is responsible.
1.5 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated into the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart. In addition, the customer may submit the offer to the seller by telephone, e-mail or online contact form.
2.3 In the case of orders for goods displayed in the print catalog of the seller, the customer may submit his offer by telephone, fax, e-mail or post to the seller. For this purpose, the customer can fill out the order form attached to the seller's print catalog and send it back to the seller.
2.4 The seller can accept the offer of the customer within five days,
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the date on which the offer is sent by the customer and ends on the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.5 When placing an offer via the online order form of the seller, the contract text will be stored by the seller after conclusion of the contract and sent to the customer after sending his order in writing (eg e-mail, fax or letter). Any further provision of the contract by the seller is not possible. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be called up by the customer via his password-protected user account with the corresponding login data
2.6 Prior to the binding submission of the order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 The contract is concluded in German and English.
2.8 Order processing and contacting are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal arises from the cancellation policy of the seller.
3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.
3.4 Pursuant to Section 312g (2) no. 9 BGB, unless otherwise agreed, a right of revocation does not exist for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision. Thereafter, a right of withdrawal is also excluded for contracts that have the sale of tickets for on-schedule recreational events to the object.
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (eg transfer fees, exchange rate charges) or import duties or taxes (eg customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the online shop of the seller.
4.4 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If payment is made by means of a payment method offered by PayPal, payment is handled by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal Terms of Service, available at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions of payments without a PayPal account , available at https://www.paypal.com/en/webapps/mpp/ua/privacywax-full.
5.1 The delivery of goods takes place on the way to the delivery address specified by the customer, unless otherwise agreed.
5.2 For goods that are delivered by forwarding, the delivery is "free curbside", ie up to the nearest curbside to the delivery address, unless otherwise stated in the shipping information in the online shop of the seller and unless otherwise agreed.
5.3 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller. This does not apply with regard to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.
5.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the carrier, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only with the transfer of the goods to the customer or a person entitled to receive. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold to consumers already on the customer, as soon as the seller has delivered the matter to the carrier, the carrier or the person or institution otherwise intended to carry out the shipment, if the Customer has instructed the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment to carry out the work and the seller has not previously designated the person or institution to the customer.
5.5 The seller reserves the right to withdraw from the contract in case of improper or improper self-delivery. This only applies in the event that the non-delivery is not responsible for the seller and this has completed with the required care, a specific hedging transaction with the supplier. The seller will make every reasonable effort to obtain the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.6 Pickup is not possible for logistical reasons.
5.7 Vouchers will be given to the customer as follows:
5.8 Tickets are given to the customer as follows:
6.1 The consumer reserves the right of ownership of the delivered goods to consumers until full payment of the purchase price due.
6.2 With respect to entrepreneurs, the seller retains title to the delivered goods until full settlement of all claims arising from an ongoing business relationship.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. All resulting claims against third parties shall be assigned by the customer to the seller in advance in the amount of the respective invoice value (including value added tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The right of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not default on payment and has not filed for insolvency proceedings.
If the purchased item is defective, the provisions of the statutory liability for defects shall apply. Deviating from this:
7.1 Does the customer act as an entrepreneur,
7.2 If the customer acts as a consumer, the following applies to used goods with the restriction of the following: Claims for defects are excluded if the defect occurs only after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.
7.3 The limitations of liability and curtailment of time specified in the preceding paragraphs do not apply
7.4 In addition, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 445b BGB remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the obligation to inspect and to give notice pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been approved.
7.6 If the customer acts as a consumer, he / she is requested to reclaim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
The seller shall be liable to the customer for all contractual, contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller is fully liable for any legal reason
8.2 If the seller negligently violates an essential contractual obligation, the liability shall be limited to the contractually typical, foreseeable damage, unless unlimited liability is assumed in accordance with the preceding clause. Significant contractual obligations are obligations which the contract imposes on the seller according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.
8.3 Incidentally, a liability of the seller is excluded.
8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9.1 If the seller owes the content of the contract in addition to the delivery of goods and the processing of the goods according to specific specifications of the customer, the customer has the operator all necessary for processing content such as text, images or graphics in the file formats specified by the operator, formatting, image - and file sizes to provide and give him the necessary rights of use. The customer alone is responsible for the procurement and the acquisition of rights to this content. The customer declares and accepts responsibility for having the right to use the content provided to the seller. In particular, he shall ensure that no third party rights are infringed, in particular copyrights, trademark rights and personal rights.
9.2 The customer indemnifies the seller from claims of third parties which they may assert against the seller in connection with a breach of their rights as a result of the contractual use of the contents of the customer by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and legal fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obligated to immediately, truthfully and completely provide the seller with all the information necessary for the examination of the claims and a defense.
9.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or morality. This applies in particular to the release of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-threatening and / or violence-glorifying content.
If, in addition to the delivery of goods, the seller pays the contents of the contract as well as the assembly or installation of the goods at the customer's premises and, if necessary, appropriate preparatory measures (eg oversize), the following applies:
10.1 The Seller provides his services at his own choice or by qualified personnel selected by him. The seller may also use the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the service description of the seller, the customer has no right to choose a specific person to carry out the desired service.
10.2 The customer must provide the seller with the information required for the performance of the service owed to the seller in full and truthfully, provided that the procurement thereof does not fall within the scope of the seller's obligations under the terms of the contract.
10.3 The seller will contact the customer after conclusion of the contract in order to arrange an appointment for the service due. The customer shall ensure that the seller or his assigned personnel have access to the customer's facilities at the agreed time.
10.4 The risk of accidental loss and accidental deterioration of the goods sold shall only pass to the customer upon completion of the assembly work and handover to the customer.
11.1 Vouchers that are issued by the Seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the Customer (hereinafter referred to as " Promotional Vouchers") can only be redeemed in the Seller's online shop and for the specified period.
11.2 Action vouchers can only be redeemed by consumers.
11.3 Individual products may be excluded from the coupon promotion, provided that a corresponding restriction results from the content of the promotional coupon.
11.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
11.5 Only one promotional coupon can be redeemed per order.
11.6 The value of the goods must be at least equal to the amount of the action voucher. Any remaining balance will not be refunded by the seller.
11.7 If the value of the promotional voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.
11.8 The balance of an action coupon is neither paid in cash nor interest.
11.9 The action voucher will not be refunded if the customer returns the goods fully or partially paid for with the action voucher as part of his statutory right of revocation.
11.10 The Promotion Voucher is only for use by the person named on it. A transfer of the action voucher to third parties is excluded. The seller is entitled, but not obliged, to check the substantive eligibility of the respective voucher holder.
12.1 Vouchers which can be purchased via the online shop of the seller (hereinafter referred to as "gift vouchers") can only be redeemed in the online shop of the seller, unless otherwise stated in the voucher.
12.2 Gift vouchers and remaining credits of gift vouchers are redeemable until the end of the third year following the year of the voucher purchase. Remaining credits will be credited to the customer until the expiry date.
12.3 Gift Certificates can only be redeemed prior to completing the order process. Subsequent offsetting is not possible.
12.4 Only one gift certificate can be redeemed per order.
12.5 Gift Certificates can only be used for the purchase of goods and not for the purchase of additional Gift Certificates.
12.6 If the value of the gift voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be used to settle the difference.
12.7 The credit of a Gift Certificate will not be paid in cash or interest.
12.8 The gift certificate is only intended for use by the person named on it. A transfer of the gift certificate to third parties is excluded. The seller is entitled, but not obliged, to check the substantive eligibility of the respective voucher holder.
13.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
13.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.
If the customer acts as a merchant, legal entity under public law or special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.
- The seller has submitted to the conditions of participation for the ecommerce "Fairness in Commerce" initiative, which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/ .
16.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
16.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
With the online services ZIVA DIGITAL (hereinafter "ZIVA DIGITAL" or "Online Services") Fitness Nation GmbH (hereafter "ZIVA") offers you a comprehensive, web-based online system, the Fitness Company (hereinafter referred to as " Premiumpartner ") in the areas of customer loyalty and customer acquisition and other professional services. The premium packages are "ZIVAbeFit", "ZIVAgetFit", "ZIVAbeneFit", "ZIVAproFit" and "ZIVA Fitness Nation Community - Premium Membership". These can be booked individually or together. Access to ZIVA DIGITAL Premium Premium accounts, the premium partners via their personal, password-protected account.
ZIVA also has an extensive online information platform at www.ziva-fitness-nation.de with extensive information, offers and services related to fitness. Interested parties can access the platform for about
At the heart of the platform is the ZIVA Fitness Nation Community, an online community that brings together fitness enthusiasts, athletes and fitness companies. Authorized users (members) are registered users for the community. The members are consumers (hereinafter referred to as "athletes") and entrepreneurs such as gyms and other companies in the fitness industry (hereafter "premium partners"). Entrepreneurs have the opportunity to become a member by signing a premium partner contract with the premium ZIVA Fitness Nation Community Premium membership package. With the premium package "ZIVAproFit" you also have the opportunity to benefit from purchases made by your members in the ZIVA online shop via a [bonus system / loyalty program / affiliate program?] And to place your own merchandising products.
1.1 Application for the online services ZIVA DIGITAL
These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between ZIVA and the Premium Partner for the online services ZIVA DIGITAL and any additional services in connection with ZIVA DIGITAL.
1.2 Special Terms and Conditions
Special terms and conditions apply to the respective premium package and additional services (eg purchase of hardware) (see section 10.). In the case of contradictions, the respective Special Terms have precedence over these Terms and Conditions.
2.1 The subject of the contract is the access to ZIVA DIGITAL for its intended use by the premium partner via an internet connection via a browser or the ZIVA App for a fee for the agreed term.
The Premium Partner receives the technical possibility to access in the booked amount on ZIVA DIGITAL, which is hosted on a server of the ZIVA or a third party commissioned by ZIVA, via internet connection via a browser or the ZIVA APP and the functionalities within the contractual Agreements for the duration of the contract. The premium partner receives access to ZIVA DIGITAL with the premium packages booked in each case via his personal, password-protected online account. Unlocked is the booked functionality.
The type and scope of the online services depend on the premium packages booked by the premium partner. These include "ZIVAbeFit", "ZIVAgetFit", "ZIVAbeneFit", "ZIVAproFit" and "ZIVA Fitness Nation Community - Premium Membership". These can be booked individually or together. Optional additional services may be ordered in connection with ZIVA DIGITAL (including hardware purchase).
The scope of services per booked package and, if commissioned, of additional services as well as the system requirements arise from the service description ............ .u. ZIVA provides the online services in the current program status.
ZIVA DIGITAL is available to the premium partner at its discretion in German or English.
The set-up by ZIVA includes the technical setup and activation of the system for the premium partner (activation of ZIVA DIGITAL for the use of the booked premium packages). On-site services at the Premium Partner are not owed, unless agreed.
ZIVA leaves the premium partner storage space on a server to store its data and content in the context of the intended use of ZIVA DIGITAL. The premium partner can store content up to a volume of ... MB. If the storage space for storing the data should no longer be sufficient, ZIVA will inform the premium partner. The premium partner can book appropriate contingents subject to availability.
2.2 ZIVA provides online services with 98% availability on a monthly average minus maintenance. ZIVA is authorized to perform maintenance work for a total of five hours during the calendar month between 3:00 pm and 3:00 am Central European Time (CET). During maintenance ZIVA DIGITAL is not available for use. In addition, ZIVA may, in consultation with the premium partner, suspend availability for a defined period of time to perform maintenance. The Premium Partner will not unreasonably refuse consent to such interruptions. Conditions of law; better SLA ?, please Rspr. (availability, response times, service times ...)
Subject to availability, the parties understand the technical usability of ZIVA DIGITAL at the transfer point for use by the authorized user. It refers to the services specified under www .... / In the offer / ... at the transfer point. Handover point is the router output of the data center where the software is hosted.
2.3 The premium partner support is available to the premium partner by e-mail and by phone for user questions and to receive fault notifications on weekdays Mon-Fri excluding public holidays in xxx from 9:00 am to 7:00 pm (CET) available.
2.4 Additional services must be agreed separately and reimbursed according to expenditure (eg training, individual adjustments) or the purchase price to be paid when purchasing hardware.
3.1 Offers for ZIVA DIGITAL are for entrepreneurs only. An entrepreneur within the meaning of these terms and conditions is any natural or legal person or a legal partnership that acts in the execution of a legal transaction in the exercise of their independent professional or commercial activity (§ 14 BGB). By submitting his declaration to conclude the contract, the premium partner declares that he is acting as an entrepreneur.
3.2 Product representations and price lists of ZIVA are not binding, as long as they do not form part of a contractual agreement or a quote marked as binding.
3.3 Contracts are concluded by offer and acceptance under the terms of these Terms and Conditions. ZIVA will send an offer to the premium partner by e-mail, fax or letter upon request. This offer can be accepted by the premium partner by means of a declaration of acceptance to be submitted to ZIVA by fax, e-mail or letter within 20 working days from receipt of the offer. For the calculation of the deadline, the day of the offer access is not counted. The contract under the terms of these terms and conditions comes about with timely acceptance by the premium partner. If the premium partner does not accept the offer within this period, the ZIVA is no longer bound by the offer.
4.1 Unless otherwise agreed, the monthly fee is payable pro rata for the remainder of the calendar month, starting on the day of the conclusion of the contract. Thereafter, the monthly fee is to be paid in advance each calendar month. If a price is calculated for parts of a calendar month, it will be charged at 1/30 of the monthly price for each day.
4.2 The set-up fee is payable upon conclusion of the contract. This also applies to other one-off payments agreed upon conclusion of the contract (for example for training courses).
4.3 The remuneration is determined according to the prices valid at the time of the conclusion of the contract unless otherwise agreed. Prices are Euro prices and are exclusive of the applicable statutory value added tax.
4.4 If additional services have been agreed upon, these will be charged according to the agreed hourly or daily rate, unless a fixed price has been agreed (for example, one-time set-up fee, purchase price). The billing of hourly rates is for each begun quarter of an hour (15-minute intervals). A daily rate refers to 8 hours.
Travel costs, travel time?
4.5 Payment is due for payment upon receipt of the invoice without discount.
4.6 A payment is deemed to have been received as soon as the equivalent value has been credited to a ZIVA account. In case of late payment, ZIVA is entitled to interest on arrears i.H.v. 5 percentage points above the respective base interest rate. The legal rights of ZIVA in the event of late payment by the Premium Partner remain unaffected.
4.7 The offsetting of claims of the premium partner with claims due to ZIVA is only permitted if the claims of the premium partner are undisputed or legally established.
5.1 The Premium Partner shall ensure that its participation in the performance of the contractual services is available in a timely manner at its expense. In particular, he will provide ZIVA with the information required for the provision of the contractual services in good time and ensure the contractual condition of his hardware, the required operating system, the required browser, his Internet access and the online connection.
The premium partner is responsible for the data connection between the workstations / terminals he intends to use and the transfer point (router output of the data center in which ZIVA DIGITAL is hosted).
Data import / other concrete examples?
5.2 The premium partner is required
5.3 The Premium Partner will take reasonable precautions (such as daily backups at least once a week, fault diagnosis, periodic review of data processing results) in the event that ZIVA DIGITAL does not operate properly.
5.4 The premium partner is obliged to ensure that ZIVA DIGITAL is used as intended and in accordance with the contract through suitable contractual agreements with its employees. He will also ensure that paragraphs 5.1 to 5.3 are complied with.
5.5 The content stored by the Premium Partner in the storage space designated for it may be protected by copyright and data protection laws. The premium partner hereby grants ZIVA the right to make the content stored on the server accessible to the premium partner during its queries via the internet and in particular to be able to duplicate and transmit it for this purpose and to reproduce it for the purpose of data backup. This also applies to the public making available (for example, in the premium package "ZIVA Fitness Nation Community - Premium Membership") when querying third parties via the Internet.
6.1 ZIVA grants the premium partner a simple (non-exclusive) right, limited in time to the duration of this contract, to access ZIVA DIGITAL via telecommunication (internet connection) and to book the functionalities of the software as intended Scope to use. The premium partner does not receive any further rights, in particular software or operating software.
6.2 Rental and other transfer or making available to third parties is not permitted, whether for consideration or free of charge. Source / object code of the software is not left. For the use of ZIVA Apps, however, the premium partner is entitled to install the app for its booked duration in the object code on a terminal device and to use it as intended.
6.3 ZIVA has the exclusive rights of use for special programming and other individual adjustments. For the duration of the contract, the premium partner is granted the rights according to sections 6.1 and 6.2. Section 6.4 applies accordingly.
6.4 The Premium Partner is not entitled to use ZIVA DIGITAL and / or storage space beyond the use permitted under the contractual agreement, or to use it by third parties or to make it available to third parties.
ZIVA is liable for all contractual, contractual and legal, as well as tort claims for damages and reimbursement of expenses as follows:
7.1 ZIVA is liable without limitation for any legal reason
7.2 If ZIVA negligently violates a material contractual obligation, the liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with Section 7.1 above. Significant contractual obligations are obligations that the contract imposes on the supplier according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the premium partner can regularly rely.
7.3 For the rest, liability of ZIVA is excluded.
7.4 A change in the burden of proof to the detriment of the Premium Partner is not associated with the above provisions.
7.5 The above provisions also apply with regard to the liability of ZIVA for its vicarious agents and legal representatives.
8.1 The contract enters into force upon conclusion of the contract and runs indefinitely. It has a minimum term of 12 months from the first day of the month following the conclusion of the contract. The contract can be terminated for the first time with a notice period of three months to the end of the minimum term. It shall be extended for a further 12 months at the end of the minimum term or at the end of the respective 12-month period unless terminated by one of the parties in advance, subject to a notice period of 3 months to the end of the respective 12-month period.
Other premium packages / additional services can always be booked or ordered at any time.
8.2 The right of both parties to extraordinary termination for cause remains unaffected. ZIVA is in particular entitled to extraordinary termination if the premium partner is in default of more than 30 days with a payment after the second reminder or allows third parties access to the contract in breach of contract.
8.3 Terminations must be in writing.
8.4 Upon contract termination, the access data of the Premium Partner is no longer active and access to ZIVA DIGITAL is blocked. Premium partner data will be deleted by ZIVA at the latest four weeks after contract termination, as long as there is no legal obligation to keep records for ZIVA. The premium partner must export his data before the contract is terminated and secure it himself if he needs it beyond the contract termination.
ZIVA and the Premium Partner are obliged to keep secret all confidential information, business and trade secrets obtained within the framework of the contractual relationship, in particular not to disclose it to third parties or to use it other than for contractual purposes.
10.1 Premium Packages under ZIVA DIGITAL Online Services:
Fitness Nation GmbH (hereinafter "ZIVA") operates an online platform at www.ziva-fitness-nation.de with extensive information, offers and services relating to the topic of fitness. Interested parties can look at the platform for about
At the heart of the platform is the ZIVA Fitness Nation Community, an online community that brings together fitness enthusiasts, athletes and fitness companies. Authorized users (members) are registered users for the community. The members are consumers (hereinafter referred to as "athletes") and entrepreneurs such as gyms and other companies in the fitness industry (hereafter "premium partners"). For athletes the membership is basically free of charge, for entrepreneurs against payment. Entrepreneurs have the opportunity to become a member by completing a premium partner contract with the premium ZIVA Fitness Nation Community Premium membership package.
Purchase contracts under the ZIVA DIGITAL Online Services
11.1 This is without prejudice to the inclusion of customer's own terms and conditions unless ZIVA DIGITAL has given its written consent.
11.2 All legal relations of the parties shall be governed by the law of the Federal Republic of Germany, excluding conflict of law rules and excluding the laws governing the international sale of goods (CISG).
11.3 The place of performance is the registered office of ZIVA. If the customer acts as a merchant, legal entity under public law or special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of ZIVA. If the customer is located outside the territory of the Federal Republic of Germany, the seat of ZIVA is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the occupational or commercial activity of the customer. However, in the above cases, ZIVA is in any case also entitled to call the court at the customer's registered office.
11.4 The contract language is German.
1.2.1 Registered Users have the ability to access reading ZIVA Fitness Nation and to use certain technical features.
1.2.2 Guests are users who only have read access to the parts of ZIVA Fitness Nation that do not require registration.
1.2.3 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
2.2 Each user may register only once. His entitlement to use ZIVA Fitness Nation is personal to him and is not transferable.
3.2 After entering his data into the online form provided for this purpose, the user can log in by clicking on the button that completes the registration process. Submitting the registration data represents the offer of the user to conclude the user contract, which the operator can accept, but does not have to accept. The operator can accept the offer of the user within five days after receipt of the request by an electronic (e-mail) transmitted order confirmation or by activation of the user account. If the operator does not accept the contractual offer of the user within the aforementioned period, this shall be deemed a rejection of the offer.
3.3 The contract text is stored by the operator, but can no longer be accessed by the user after submitting his contract explanation via the website of the operator.
3.4 Before submitting his contract declaration, the user can correct his inputs continuously using the usual keyboard and mouse functions.
3.5 Only the German language is available for the conclusion of the contract.
3.6 The e-mail address serves to identify and personalize the user. The user must ensure that the e-mail address specified by him during the online registration is correct, so that the e-mails sent by the operator can be received at this address. In particular, when using SPAM filters, the user must ensure that all e-mails sent by the operator or third parties commissioned with the processing can be delivered.
3.7 The data requested during the registration must be completely and correctly stated by the user. The user is obliged to keep this data (including e-mail addresses) always up to date. The transmitted data are not checked by the operator for their correctness and completeness.
4.1 With ZIVA Fitness Nation, the operator provides an online portal via which users can set and / or call up user profiles using the software provided by the operator, as well as contact other users of the portal.
4.2In order to use ZIVA Fitness Nation, the operator gives the user access to his website and provides him with suitable software that remains on the server of the operator. The functionality and technical specifications of the software are described in more detail in the service description on the website of the operator. From the operator creation and maintenance of the data connection between the IT system of the user and the server of the operator is not owed.
4.4 ZIVA Fitness Nation is offered subject to availability. An availability of 100 percent is not technically feasible and can therefore not be guaranteed to the user by the operator. However, the operator strives to keep the service as constant as possible. In particular, maintenance, security or capacity issues as well as events outside the control of the operator (disruptions to public communication networks, power failures, etc.) may result in disruption or temporary cessation of service. As far as possible, the operator will carry out the maintenance work in periods of low use.
4.5 The software will be updated by the operator at irregular intervals. Accordingly, the user receives only one right to use the software in its current version. The user has no claim to the achievement of a particular state of the software.
5.1 The operator reserves the right to change the services offered or to offer different services, unless this is not reasonable for the user.
5.2 The operator reserves Furthermore, it proposes to change the services offered or to offer different services,
5.3 Changes with only insignificant impact on the functions of ZIVA Fitness Nation do not constitute performance changes within the meaning of this section. This applies in particular to changes of a purely graphical nature and mere change the ordering of functions.
6.2 The content posted on ZIVA Fitness Nation is exclusively attributable to the respective user and do not reflect the views of the operator. The operator does not guarantee the correctness of the contents. Each user is responsible for reviewing the veracity of content.
6.3 Users are generally liable for all activities that are made using their access, as far as they are responsible for .
6.4 The user is under no obligation to use ZIVA Fitness Nation in one Use of a way that adversely affects the availability of the portal (eg uploading large files, spam). ZIVA Fitness Nation reserves the right to limit the amount of data for uploads to ensure the availability of the portal. ZIVA Fitness Nation may indicate a restriction on data uploads in the context of the Terms of Reference.
6.5 The user declares and accepts responsibility for having the right to use the content used in his entries. In particular, he shall ensure that his entries do not violate the rights of third parties, in particular copyright, trademark and personal rights as well as rights of a competition law nature.
6.6 The user is responsible for the confidentiality of the access data. He has to ensure that they are not accessible to third parties. The user must inform the operator immediately if there are indications that his access is being used by third parties or has become.
The operator's action depends on the individual case and is at the discretion of the operator.
7.2 If a user is banned, he may no longer use ZIVA Fitness Nation and not re-register.
8.2 Without the written consent of the operator, the user is not permitted to make the contents made available to third parties. The user shall ensure that he does not prevent third parties from circumventing access to ZIVA Fitness Nation.
8.3 If the user seriously violates the agreed rights of use, the operator may extraordinarily terminate the granting of the usage rights and block access to ZIVA Fitness Nation. This implies an unsuccessful warning with reasonable deadline set by the operator.
8.4 The other legal and contractual provisions remain unaffected.
The Operator has the right to use or make available to third parties user-provided content and information for the ZIVA Fitness Nation website and the ZIVA Fitness Nation app. The user does not grant the operator free of charge exclusively and for the duration of the usage contract limits the rights of use required for this, in particular the right for permanent storage and storage and for public access, the right of reproduction and publication as well as the processing and distribution rights and assures this right to use rights to be entitled.
The use of ZIVA Fitness Nation is free for customers.
The user indemnifies the operator against all claims asserted by other users or other third parties against the operator for infringement of their rights due to content posted by the user or for any other use of ZIVA Fitness Nation. The user assumes the costs of the necessary legal defense including all court and legal fees in a reasonable amount. This does not apply if the infringement is not attributable to the user. The user is obliged to immediately, truthfully and completely provide the operator, in the event of a claim by a third party, with all the information necessary for the examination of the claims and a defense.
The operator is liable to the user for all contractual, contractual similar and legal, even tort claims for damages and reimbursement of expenses as follows:
12.1 The operator is fully liable for any legal reason
12.2 If the operator negligently violates an essential contractual obligation, the liability shall be limited to the contractually typical, foreseeable damage, if not in accordance with the above paragraph is limited liability. Significant contractual obligations are obligations that the contract imposes on the operator according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the user may regularly rely.
12.3 In all other cases, the liability of the operator is excluded.
12.4 The above liability regulations also apply with regard to the liability of the operator for its vicarious agents and legal representatives.
13.1 The User Agreement is concluded for an indefinite period and may be terminated by the User at any time without notice and by the Operator with a notice period of two weeks.
13.2 The right to extraordinary termination for cause remains unaffected.
There is an important reason if, in consideration of all circumstances of the individual case and weighing the interests of both parties, the terminating part can not reasonably be expected to continue the contract until the agreed termination or expiry of a period of notice.
One important reason is in particular:
13.3 Cancellations must be made in writing or in writing (eg by e-mail) .
14.2 The operator also reserves the right to change these terms of service
14.3 The termination right of the User according to Section 13 remains unaffected.
For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
1.1 These Conditions of Participation of ZIVA Fitness Europe GmbH, Auf den Hövellande 6, 44269 Dortmund (hereinafter "Organizer") apply to the participation of consumers (hereinafter "Participants") in ZIVA Fitness Nation Actions such as z. This includes, for example, photo missions or video uploads (hereinafter "Action") organized via the organizer's online portal at www.ziva-fitness-nation.de (hereafter "ZIVA Fitness Nation") .
1.2 Actions in the sense of these terms of participation not affiliated with Facebook and not sponsored or sponsored by Facebook.
Note: Apple Inc . / Google Inc. is not affiliated with, or is acting as a sponsor of, these contests.
Participation is open to natural persons acting as consumers and who are at least 18 years of age at the time of participation. Employees of the organizer as well as their relatives are excluded from participation.
The content of ZIVA Fitness Nation users is assessed for the duration of an action. The selected content of the participants will be published on the ZIVA Fitness Nation website and app as well as the organizer's Facebook fan page. Participation is exclusively via the upload function on the website of the organizer at www.ziva-fitness-nation.de or directly via the ZIVA Fitness Nation-App. The winner is the participant whose content has the most positive ratings at the end of each action period. The duration of the promotion results from the respective action description on the website of the organizer at www.ziva-fitness-nation.de.
4.1 The participant agrees that his selected content can be viewed on the ZIVA Fitness Nation Facebook page of the ZIVA Fitness Nation username. The participant is not entitled to a specific time of publication. The participant grants to the organizer free of charge all necessary rights of use for the provided content and assures that he is entitled to a corresponding granting of the right to use the rights.
4.2 The participant declares himself in the light of his general right to privacy as well his right in his own image also agrees to a free publication of the content sent in for participation, giving the name for the purpose of reporting on the organization and implementation of the action by the organizer in the following media:
The organizer reserves the right to cancel the action at any time in whole or in part. This applies in particular if the action can not be carried out properly for reasons for which the organizer is not responsible, such as in case of force majeure, errors in the software and / or hardware and / or for other technical and / or legal reasons, which influence the administration, the security, the integrity and / or the regular and proper execution of the action.
The legal remedy is excluded.
1.1 We are pleased that you visit our website and thank you for your interest. Below we inform you about the handling of your personal data when using our website. Personal data is all data that allows you to be personally identified.
1.2 Responsible for the data processing on this website within the meaning of the General Data Protection Regulation (DSGVO) is Fitness Nation GmbH, Wiesmannstr. 46, 45881 Gelsenkirchen, Germany, Tel .: 02361/9078780, E-Mail: firstname.lastname@example.org. The person responsible for the processing of personal data is the natural or legal person who, alone or in concert with others, decides on the purposes and means of processing personal data.
1.3 The person in charge has appointed a data protection officer for this website, which can be reached as follows:
Dr. Sebastian Kraska, Marienplatz 2, 80331 Munich, E-Mail: email@example.com, Phone: 089-18917360
1.4 For reasons of security and to protect the transmission of personal data and other confidential content (for example, orders or inquiries to the person responsible), this website uses an SSL or Web site. TLS encryption. You can recognize an encrypted connection by the string "https://" and the lock icon in your browser bar.
In the case of merely informative use of our website, ie if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called "server log files"). When you visit our website, we collect the following information that is technically necessary for us to display the website:
The processing is carried out in accordance with Art. 6 para. 1 lit. f DSGVO based on our legitimate interest in improving the stability and functionality of our website. A transfer or other use of the data does not take place. However, we reserve the right to retrospectively check the server logfiles should concrete evidence point to unlawful use.
In order to make the visit to our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your device. Some of the cookies we use are deleted after the end of the browser session, ie after closing your browser (so-called session cookies). Other cookies remain on your device and allow us or our affiliate (third-party cookies) to recognize your browser on your next visit (persistent cookies). If cookies are set, they collect and process individual user information such as browser and location data as well as IP address values on an individual basis. Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie.
In some cases, cookies are used to simplify the ordering process by storing settings (for example, remembering the contents of a virtual shopping cart for a later visit to the website). Insofar as personal cookies are also processed by individual cookies implemented by us, the processing is carried out in accordance with Art. 6 para. 1 lit. b DSGVO either for the execution of the contract or in accordance with Art. 6 para. 1 lit. f DSGVO for safeguarding our legitimate interests in the best possible functionality of the website as well as a customer-friendly and effective design of the page visit.
We may work with advertising partners to help us make our web site more interesting to you. For this purpose, in this case, when you visit our website, cookies from partner companies are stored on your hard disk (third-party cookies). If we cooperate with aforementioned advertising partners, you will be informed individually and separately about the use of such cookies and the scope of the information collected in the following paragraphs.
Please note that you can set your browser so that you are informed about the setting of cookies and individually decide on their acceptance or can exclude the acceptance of cookies for specific cases or in general. Each browser differs in how it manages the cookie settings This is described in the Help menu of each browser, which explains how to change your cookie settings. These can be found for the respective browser under the following links:
Please note that if you do not accept cookies, the functionality of our website may be restricted.
In the context of contacting us ( eg by contact form or e-mail) personal data are collected. Which data are collected in the case of a contact form can be seen from the respective contact form. These data are stored and used solely for the purpose of answering your request or for establishing contact and the associated technical administration. The legal basis for processing the data is our legitimate interest in answering your request in accordance with Art. 6 para. 1 lit. f DSGVO. If your contact is aimed at concluding a contract, then additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO. Your data will be deleted after final processing of your request, this is the case if it can be inferred from the circumstances that the matter in question is finally clarified and provided that no statutory storage requirements conflict.
Direct contact with fitness studios:
We offer various options on our portal directly to contact a gym (call-back, landing pages, trial training, bring a friend). The personal information you provide to us as part of this contact request will only be used to respond to your request or contact, and for related technical administration, and will be made available to the gym selected by you within our system. You have the right to revoke your consent with effect for the future at any time. In this case your personal data will be deleted immediately. Your personal data will also be deleted without your revocation if your request has been processed and also without processing after 14 days. This also happens if the storage is inadmissible for other legal reasons. To protect your information when viewed by a third party company, we have completed a data processing contract with all partner gyms based on the standard contractual clauses of the European Commission to allow the transfer of your personal data to the respective studio. If you are interested, this data processing contract can be viewed at the following Internet address: https://www.ziva-fitness-nation.com/de/agb.
You can access our website by specifying register personal information. The personal data processed for the registration results from the input mask used for the registration. We use the so-called double-opt-in procedure for registration. H. Your registration is only completed if you have previously confirmed your registration via a confirmation email sent to you for this purpose by clicking on the link contained therein. If your confirmation is not received within 24 hours, your registration will be automatically deleted from our database. The specification of the aforementioned data is mandatory, all other information you can volunteer by using our portal.
If you use our portal, we store your data required for contract fulfillment, including possibly payment details, until you finally delete your access. Furthermore, we will store the voluntary data provided by you for the time of your use of the portal, unless you delete it before. All information can be managed and changed in the protected customer area. The legal basis is Art. 6 para. 1 lit. f DSGVO.
In addition, we store all content published by you (such as public posts, pin board entries, guestbook entries, etc.) to operate the site. The provision of the website with the complete user-generated content is our legitimate interest, the legal basis for this is Art. 6 para. 1 lit. f. DSGVO. If you delete your account, your public statements, especially in the forum, will remain visible to all readers, but your account will no longer be available. All other data will be deleted in this case.
According to Art. 6 para. 1 lit. b DSGVO, personal data will continue to be collected and processed when you provide it to us for the purpose of concluding a contract or opening a customer account. Which data are collected, can be seen from the respective input forms. A deletion of your customer account is possible at any time and can by a message to the o.g. Address of the person responsible. We save and use the data you have provided for the execution of the contract. After completion of the contract or deletion of your customer account, your data will be blocked with regard to tax and commercial retention periods and deleted after expiration of these periods, unless you have expressly consented to a further use of your data or a legally permitted further data use by our side which we will inform you accordingly below.
On our website, you can create a customer account or register using the social plugin "Facebook Connect" of the social network Facebook, operated by Facebook Inc., 1 Hacker Way, Menlo Park, Calif. 94025, USA ("Facebook"), under the so-called single sign-on technique, if you have a Facebook profile feature. The social plugins of "Facebook Connect" on our website can be recognized by the blue button with the Facebook logo and the inscription "Login with Facebook" or "Connect with Facebook" or "Log in with Facebook" or "Sign in with Facebook ".
If you access a page of our website that contains such a plugin, your browser will establish a direct connection to the Facebook servers. The content of the plugin is transmitted by Facebook directly to your browser and integrated into the page. Through this integration, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook profile or are currently not logged in to Facebook. This information (including your IP address) will be transmitted from your browser directly to a Facebook server in the US and stored there. These data processing operations are carried out in accordance with Art. 6 para. 1 lit. f DSGVO based on the legitimate interest of Facebook in the display of personalized advertising based on the surfing behavior.
By using this "Facebook Connect" button on our website, you also have the option of logging into our website using your Facebook user data. Only if you have given your express consent in accordance with Art. 6 para. 1 let. Before the registration process on the basis of a corresponding note about the exchange of data with Facebook. If you use the "Facebook Connect" button of Facebook, depending on your personally set privacy settings on Facebook, we will give you the general and public information that is stored in your profile. This information includes the user ID, name, profile picture, age, and gender.
The consent granted can be revoked at any time by a message to the person named at the beginning of this statement.
Facebook Inc. Based in the US, the US European Data Protection Convention is "Privacy Shield" certified, which ensures compliance with the applicable data protection in the EU.
If you do not want Facebook to directly assign the data collected via our website to your Facebook profile, you must log in before your visit Log out of our website on Facebook. You can completely prevent the loading of Facebook plugins even with add-ons for your browser, e.g. with "Adblock Plus" (https://adblockplus.org/en/ ).
The Comment feature on this site not only includes your comment, but also details of when the comment was created and the commentary name you chose to save and publish on the site , Furthermore, your IP address will be logged and saved. This storage of the IP address is made for security reasons and in the event that the data subject violates the rights of third parties or posts illegal contents by submitting a comment. We need your e-mail address in order to contact you if a third party objects to your published content as unlawful. The legal basis for storing your data is Art. 6 para. 1 lit.b and f DSGVO. We reserve the right to delete comments if they are objected to by third parties.
8.1 Registration for our e-mail newsletter
When you subscribe to our e-mail newsletter, we will send you information on a regular basis our offers. Mandatory information for sending the newsletter is your e-mail address alone. The indication of further possible data is voluntary and will be used to address you personally. For sending the newsletter, we use the so-called double opt-in procedure. This means that we will only send you an e-mail newsletter if you have explicitly confirmed to us that you agree to the sending of the newsletter. We will then send you a confirmation e-mail asking you to confirm by clicking on a link that you wish to receive newsletters in the future.
By activating the confirmation link, you give us your consent to the use of your personal data in accordance with Art. 6 para. 1 lit. a GDPR. When registering for the newsletter, we will save your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration in order to be able to trace a possible misuse of your e-mail address at a later date. The data collected by us when registering for the newsletter will be used exclusively for promotional purposes by means of the newsletter. You can cancel the newsletter at any time via the provided link in the newsletter or by sending a message to the person named above. After cancellation, your e-mail address will be deleted immediately in our newsletter distribution, as far as you have not expressly consented to a further use of your data or we reserve the right to further data usage, which is permitted by law and about which we inform you in this statement.
8.2 Sending the e-mail newsletter to existing customers
If you have provided us with your e-mail address when purchasing goods or services, we reserve the right to regularly offer you similar goods or services, such as those already purchased, from our Assortment to be sent by e-mail. For this we do not have to obtain separate consent from you in accordance with § 7 Abs. 3 UWG. In this respect, data processing takes place solely on the basis of our legitimate interest in personalized direct mail in accordance with Art. 6 (1) lit. f DSGVO. If you have initially objected to the use of your e-mail address for this purpose, we will not send you a mail. You are entitled to object to the use of your e-mail address for the purpose described above at any time with effect for the future by a message to the person named in the beginning. Fall for this for you only transmission costs according to the basic rates. After receipt of your objection, the use of your e-mail address for advertising purposes will cease immediately.
8.3 Newsletter mailing via MailChimp
Der sending our e-mail newsletter via the technical service provider The Rocket Science Group, LLC d / b / a Mail Chimp, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA (http://www.mailchimp.com/), to which we share your information provided during newsletter signup. This transfer is made in accordance with Art. 6 para. 1 lit. f DSGVO and serves our legitimate interest in the use of a promotional, secure and user-friendly newsletter system. Please note that your data is usually transmitted to and stored by a MailChimp server in the USA.
MailChimp uses this information for sending and statistically analyzing the newsletters on our behalf. For the evaluation, the emails sent include so-called web beacons or tracking pixels, which represent one-pixel image files stored on our website. This way you can determine if a newsletter message has been opened and which links have been clicked on. In addition, technical information is collected (e.g., time of retrieval, IP address, browser type and operating system). The data will be collected exclusively pseudonymized and will not be linked to your other personal data, a direct personal reference is excluded. This data is for statistical analysis of newsletter campaigns only. The results of these analyzes can be used to better adapt future newsletters to the interests of the recipients.
If you wish to object to the data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter.
Furthermore, MailChimp may use this data in accordance with Art. 6 para. 1 lit. f Use DSGVO itself for its own legitimate interest in the needs-based design and optimization of the service as well as for market research purposes, for example, to determine from which countries the recipients come. However, MailChimp does not use the data of our newsletter recipients to self-report or share them with third parties.
To protect your data in the US, we have completed a data processing agreement with MailChimp based on the standard contractual clauses of the European Commission, to allow the transmission of your personal data to MailChimp. If you are interested, this data processing contract can be viewed at the following Internet address: http://mailchimp.com/legal/forms/data-processing-agreement/.
8.4 Postal Mail
According to our legitimate interest in personalized direct mail, we reserve the right to your first and last name, your postal address and - as far as we are concerned you have received additional information in the context of the contractual relationship from you - your title, academic degree, year of birth and your professional, branch or business name pursuant to Art. 6 para. 1 lit. f DSGVO to save and to send for the delivery of interesting offers and information about our products by mail.
You can object to the storage and use of your data for this purpose at any time by a message to the person in charge.
9.1 To the settlement We work with the following service provider (s) who assist us wholly or in part in the execution of concluded contracts. Certain personal data will be transmitted to these service providers in accordance with the following information.
The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract, insofar as this is necessary for the delivery of the goods. We will pass on your payment details to the commissioned bank as part of the payment process, if this is necessary for the payment process. If payment service providers are used, we will inform you explicitly below. The legal basis for the transfer of the data is Art. 6 para. 1 lit. b DSGVO.
9.2In order to fulfill our contractual obligations to our customers, we cooperate with external shipping partners. We only give your name and delivery address for the purpose of the delivery of goods Art. 6 para. 1 lit. b DSGVO to a shipping partner selected by us.
9.3 Using Special Service Providers for Order Processing and Processing
9.4 Transfer of personal data to shipping service providers
If the goods are delivered by the transport service provider DHL (Deutsche Post AG, Charles-de-Gaulle-Strasse 20, 53113 Bonn), we will provide your e-mail address in accordance with Art. 6 para. 1 lit. a DSGVO before delivery of the goods for the purpose of coordinating a delivery date or delivery notification to DHL, if you have given your explicit consent in the ordering process. Otherwise, we will provide for the purpose of service in accordance with Art. 6 para. 1 lit. b DSGVO only the name of the recipient and the delivery address to DHL. Passing on is only to the extent necessary for the delivery of goods. In this case, a prior agreement of the delivery date with DHL or the delivery announcement is not possible.
The consent can be withdrawn at any time with effect for the future against the person named above or against the transport service provider DHL.
9.5 Use of payment service providers (payment service)
If you If you decide in favor of a payment method of the payment service provider PAYONE, the payment will be processed via the payment service provider BS PAYONE GmbH, Lyoner Strasse 9 60528 Frankfurt / Main, to which we will inform you in the course of the ordering process along with the information about your order according to Art. 6 para lit. b Pass on DSGVO. The transfer of your data takes place solely for the purpose of processing payments with the payment service provider PAYONE and only insofar as it is necessary for this.
Evaluation reminder by ShopVote
If you give us your express consent in accordance with Art. 6 para. 1 lit. a DSGVO), we will forward your e-mail address to the rating platform ShopVote der Blickreif GmbH, Alter Messeplatz 2, 80339 Munich (www.shopvote.de), so that they can send you a feedback reminder by e-mail.
You may revoke your consent at any time by sending a message to the controller or the rating platform.
In order to display our ShopVote seal and any collected and / or aggregated evaluations, we have included ShopVote graphics on this website.
This serves the purpose of preserving our legitimate interests, which predominate in the context of a weighing up of interests, in order to optimally market our offer in accordance with Art. 6 (1) sentence 1 lit. f DSGVO. The ShopVote graphics and the advertised services are an offer of Blickreif GmbH, Alter Messeplatz 2, 80339 Munich.
When calling up the ShopVote graphics, the web server automatically saves a so-called server log file, which, for Your IP address, date and time of retrieval, amount of transmitted data and the source of the call (access data) contains and documented the call. These access data will not be evaluated and automatically overwritten within seven days after the end of your page visit. Other personal data will not be collected or stored by the ShopVote graphics.
12.1 AddThis-Bookmarking Plug-ins with Shariff-Solution
Our website uses so-called social plugins ("plugins") of the AddThis bookmarking service, which is operated by AddThis LLC, Inc. 8000 West Park Drive, Suite 625, McLean, VA 2210, USA ("AddThis") as part of Oracle Corporation.
In order to increase the protection of your data when visiting our website, these buttons are not fully integrated as plugins, but only by using an HTML link in the page. This type of engagement ensures that when you visit a page on our site that contains such buttons, it does not yet connect to the AddThis servers. If you click on the button, a new browser window opens and opens the AddThis page, where you can interact with the plugins there (if necessary after entering your login data). Oracle Corporation, the US-based AddThis umbrella organization, is certified to the US Privacy Shield, which ensures compliance with the level of data protection in the EU.
You can revoke your consent at any time by clicking the enabled plug-in again deactivate again. However, the revocation has no influence on the data that has already been transferred to AddThis.
12.2 Facebook plug-ins with Shariff-Solution
Our website uses so-called social plugins ("plugins") of the social network Facebook, which is operated by Facebook Inc., 1 hacker Way, Menlo Park, CA 94025, USA ("Facebook").
To increase the protection of your information when you visit our website, these buttons are not fully plugin-plugged, but are integrated into the site using only an HTML link. This type of engagement will ensure that when you visit a page on our site that contains such buttons, we will not connect to the Facebook servers. If you click on the button, a new browser window opens and calls up the Facebook page, where you can interact with the plugins there (if necessary after entering your login data). US-based Facebook Inc. is certified for the US Privacy Shield, which ensures compliance with the level of data protection in the EU.
Using Youtube Videos
This website uses the Youtube Embedding feature to view and playback videos of the provider "Youtube", which belongs to Google LLC., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA ("Google").
Regardless of a playback of embedded videos, every time you visit this website, a connection to the Google network "DoubleClick" is included, what without our influence US-based.
Google LLC is certified to the US Privacy Shield, which ensures compliance with the level of data protection in the EU.
For more information on "YouTube" privacy, please refer to the Privacy Statement of the Provider at: https://www.google.de/intl/de/policies/privacy
14.1 BeneFit-Loyalty Program
You have the opportunity to participate in our and the loyalty program of the selected partner studios for purchases through our online shop , In this case, if you collect BeneFit points through our portal or from partner companies, we will, upon completion of the collection, submit the following data based on our legitimate interest in the user-friendly design and optimal marketing of our website in accordance with Art. 6 para. 1 lit. f DSGVO to the respective studio or partner for the purpose of crediting and redeeming BeneFits: First Name, Last Name, Emai Address, Number of BeneFits, Basis of Credit or Redemption.
14.2 Google AdSense
This website uses Google AdSense, a web advertising service of Google LLC., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA ("Google"). Google AdSense uses so-called "DoubleClick DART Cookies" ("Cookies"). These are text files that are stored on your computer and that allow an analysis of the use of the website by you. In addition, Google AdSense uses so-called "web beacons" (small invisible graphics) to collect, collect, and evaluate simple actions, such as visitor traffic on the site. The information generated by the cookie and / or web beacon (including your IP address) about your use of this website is generally transmitted to and stored by Google on a server in the United States.
Google uses the information obtained to obtain one Evaluate your usage behavior with respect to the AdSense ads. The Google AdSense IP address sent by your browser will not be merged with other Google data. The information collected by Google may be transferred to third parties, if required by law and / or as far as third parties process this data on behalf of Google.
The processing of data described in accordance with Art. 6 para. 1 lit. f DSGVO for the purpose of targeted advertising of the user by advertising third parties whose advertisements are displayed on this website based on the evaluated user behavior. At the same time, the processing serves our financial interest in exploiting the economic potential of our website by displaying personalized third-party content for a fee.
US-based Google LLC is certified under the US Privacy Shield, which ensures compliance with the level of data protection in the EU.
You can permanently deactivate cookie cookies by blocking them by setting your browser software accordingly or by downloading and installing the browser plug-in available under the following link: http://www.google.com/settings/ads/plugin?hl=de
14.3 Use of Google AdWords Conversion Tracking
This website uses the Google AdWords online advertising program and, as part of Google AdWords, Google LLC conversion tracking, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA ("Google"). We use the offer of Google Adwords to draw attention to our attractive offers with the help of advertising materials (so-called Google Adwords) on external websites. In relation to the data of the advertising campaigns, we can determine how successful the individual advertising measures are. We are interested in showing you advertisements that are of interest to you, to make our website more interesting to you and to achieve a fair calculation of advertising costs.
The conversion tracking cookie is set when a user clicks on a Google-served AdWords ad. Cookies are small text files that are stored on your computer system. These cookies usually lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of this website and the cookie has not expired yet, Google and we can recognize that the user clicked on the ad and was redirected to this page. Each Google AdWords customer receives a different cookie. Cookies can not be tracked through AdWords advertisers' websites. The information gathered using the conversion cookie is used to generate conversion statistics for AdWords advertisers who have opted for conversion tracking. Customers are told the total number of users who clicked on their ad and were redirected to a conversion tracking tag page. However, they do not receive information that personally identifies users. If you do not want to participate in tracking, you can block this usage by disabling the Google Conversion Tracking cookie through its Internet browser under User Preferences. You will not be included in the conversion tracking statistics. We use Google Adwords based on our legitimate interest in a targeted advertising gem. Art. 6 para. 1 lit. f DSGVO.
US-based Google LLC is certified under the US Privacy Shield, which ensures compliance with the level of data protection in the EU.
You can permanently disable cookies for ad presets by preventing them by setting your browser software accordingly or by downloading and installing the browser plug-in available at the following link: http://www.google.com/settings/ads/plugin?hl=de
15.1 Google (Universal) Analytics
- Google Universal Analytics
This website uses Google Analytics, a web analytics service of Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website (including the shortened IP address) is usually transmitted to and stored by Google on servers in the United States.
This website uses Google Analytics exclusively with the extension "_anonymizeIp ()", which ensures anonymization of the IP address by curtailment and excludes a direct personal reference. The extension will truncate your IP address beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. In these exceptional cases, this processing is carried out in accordance with Art. 6 para. 1 lit. f DSGVO based on our legitimate interest in the statistical analysis of user behavior for optimization and marketing purposes.
On our behalf, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide further to provide us with services related to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data provided by Google.
You can prevent the storage of cookies by setting your browser software accordingly; however, please note that if you do this, you may not be able to use all the features of this website to the fullest extent possible. In addition, you may prevent the collection by Google of the data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading the browser plug-in available under the following link and install: http://tools.google.com/dlpage/gaoptout?hl=de
Alternatively to the browser plugin or within browsers on mobile devices, please click on the following link to get an opt -Out-Cookie, which prevents the collection by Google Analytics within this website in the future (this opt-out cookie works only in this browser and only for this domain, delete your cookies in this browser, you must click this link again ): Disable Google Analytics
US-based US based LLC is certified to the US Privacy Shield, which ensures compliance with the level of data protection in the EU.
This website also uses Google Analytics for cross-device analysis of visitor traffic conducted through a user ID. You can disable the cross-device analysis of your use in your customer account under "My Data", "Personal Information".
Google AdWords Remarketing
Our website uses the features of Google AdWords Remarketing to advertise this site on Google's search results, as well as third party websites. Provider is the Google LLC., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA ("Google"). For this purpose, Google sets a cookie in the browser of your device, which automatically enables interest-based advertising using a pseudonymous cookie ID and based on the pages you visit. The processing is based on our legitimate interest in optimally marketing our website in accordance with Art. 6 para. 1 lit. f DSGVO.
Any further processing will only take place if you have agreed with Google that your Internet and App Browsing history will be linked to your Google Account by Google and information from your Google Account Personalizing ads they are viewing on the Web. In this case, when you log in to Google during the page visit of our website, Google uses your data with Google Analytics data to create and define audience lists for cross-device remarketing. To do this, Google will temporarily associate your personal information with Google Analytics data to be targeted.
You can permanently disable the use of cookie cookies by using the browser plug-in available at the following link To download and install: https://www.google.com/settings/ads/onweb/
Alternatively, check with the Digital Advertising Alliance at www.aboutads.info for cookies and make adjustments. Finally, you can set your browser so that you are informed about the setting of cookies and individually decide on their acceptance or exclude the acceptance of cookies for specific cases or in general. Failure to accept cookies may limit the functionality of our site.
United States-based Google LLC is certified to comply with the EU's data protection privacy protection standard, the Privacy Shield.
Own Live Chat System Support and Studio Chat
This site has its own live chat system for logged in members to answer live requests for better support and support. The chat and its associated email address will be saved and deleted as soon as we or you have ended the chat conversation, but no later than 48 hours after the last message in the chat history. This also applies to the use of the studio chat. Cookies are used to operate the chat feature. Cookies are small text files stored locally in the cache of the site visitor's Internet browser. The cookies make it possible to recognize the site visitor's Internet browser in order to distinguish the individual users from the chat function of our website.
If the information thus obtained is personally identifiable, the processing is carried out in accordance with Art Para. 1 lit. f DSGVO based on our legitimate interest in effective customer service and the statistical analysis of user behavior for optimization purposes.
To prevent the storage of cookies, you can set your Internet browser so that in the future no more cookies are stored on your computer can be deleted or already stored cookies. However, turning off all cookies may cause the chat feature on our website to become unavailable.
Your messages (including your chats, photos, videos , Voice messages, files) are stored by our servers for 30 days, even if a message can not be delivered immediately (for example, when you're offline). If a message has still not been delivered after 30 days, we'll delete it.
18.1 Google Maps
On our website, we use Google Maps (API) from Google LLC., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA ("Google"). Google Maps is a web service for displaying interactive (land) maps to visually display geographic information. By using this service you will be shown our location and will facilitate your arrival.
When you visit the subpages where the Google Maps map is located, information about your use of our website (such as your IP address) to Google servers in the US and stored there. This is done regardless of whether Google provides a user account that you are logged in to, or if there is no user account. When you're logged in to Google, your data will be assigned directly to your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google stores your data (even for non-logged-in users) as usage profiles and evaluates them. According to Art. 6 (1) (f) of the GDPR, such an evaluation is based on the legitimate interests of Google in the display of personalized advertising, market research and / or tailor-made design of its website. You have the right to object to the formation of these User Profiles, and you must comply with this to Google.
US-based US based LLC is certified to the US Privacy Shield, which ensures compliance with the level of data protection in the EU.
18.2 Google Web Fonts
This site uses so-called web fonts provided by Google LLC., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA ("Google") for consistent presentation of fonts. When you visit a page, your browser loads the required web fonts into its browser cache to display texts and fonts correctly.
To do this, the browser you use must connect to Google's servers. As a result, Google learns that our website has been accessed via your IP address. The use of Google Web Fonts is in the interest of a consistent and attractive presentation of our online services. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO. If your browser does not support web fonts, a default font will be used by your computer.
US-based Google LLC is certified to comply with the EU's data protection privacy protection standard, the Privacy Shield .
For more information about Google Web Fonts, visit https://developers.google.com/fonts/faq und in der Datenschutzerklärung von Google: https://www.google.com/policies/privacy/
19.1 The applicable data protection law grants you to the person responsible The right to information concerning the processing of your personal data (information and intervention rights), about which we inform you below:
19.2 OPPOSITION LAW
IF, IN THE FRAMEWORK OF A CONSERVATION OF INTEREST, WE PROCESS YOUR PERSONAL DATA BASED ON OUR PRELIMINARY LEGAL INTEREST, YOU HAVE THE RIGHT OF REASONING, FOR REASONS ARISING OUT OF ITS SPECIAL SITUATION, TO CONTRADICT WITH THIS PROCESSING, WITH EFFECT ON THE FUTURE.
MAKE USE OF YOUR OPPOSITION RIGHT, WE FINISH THE PROCESSING OF THE DATA CONCERNED. FURTHER PROCESSING REMAINS SUBJECT TO DIFFERENCES WHEN WE MAY PROVIDE IMPERATIVE REASONABLE REASONS FOR PROCESSING WHICH EXCEED ITS INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOMS, OR IF THE PROCESSING SERVES THE PRESENTATION, EXERCISE OR DEFENSE OF LEGAL ATTRIBUTES.
IF YOUR PERSONAL DATA IS PROCESSED BY US TO OPERATE DIRECT ADVERTISING, YOU HAVE THE RIGHT TO INTRODUCE ANY CONTESTING AGAINST THE PROCESSING OF YOU OF PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING. YOU CAN EXERCISE THE CONTRADICTION AS DESCRIBED ABOVE.
MAKE USE OF YOUR OPPOSITION RIGHT, WE FINISH THE PROCESSING OF THE DATA CONCERNED FOR DIRECT COMMERCIAL PURPOSES.
The duration of the storage of personal data is based on the respective legal retention period (eg commercial and tax retention periods). After expiration of this period, the corresponding data will be routinely deleted, provided that they are no longer required for fulfillment of the contract or for initiating a contract and / or that we have no legitimate interest in the re-storage.