Terms of Services
1) Scope Of Application
1.1 These General Terms and Conditions of the company 25seven LLC (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 These General Terms and Conditions apply accordingly to the supply of digital content, unless expressly agreed otherwise.
1.3 A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
1.4 Digital content in the sense of these General Terms and Conditions are all data not on a tangible medium which are produced in digital form and are supplied by the Seller by granting certain usage rights precisely defined in these General Terms and Conditions.
1.5 According to the Seller’ product description, the object of the contract may be the supply of goods by way of a one-time delivery or the supply of goods by way of a stable delivery (hereinafter referred to as “subscription contract”). In case of a subscription contract, the Seller commits to supply the Client with the contractually owed goods for the duration of the agreed contract period and at the contractually agreed time intervals.
2) Conclusion Of The Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
2.3 The Seller may accept the Client’s offer within five days, by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller’s online shop prior to sending his order, the order data shall be stored on the Seller’s website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.
2.5 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.6 The English language is exclusively available for the conclusion of the contract.
2.7 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right To Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed informations about the right to cancel are provided in the Seller’s instruction on cancellation.
4) Prices And Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
4.3 When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal”) subject to the PayPal terms of use which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
5) Shipment And Delivery Conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive. However, in case the Client selects the payment method PayPal, the delivery address deposited with PayPal at the date of payment shall be decisive.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.
5.3 Personal collection is not possible for logistical reasons.
5.4 Digital content will be provided to the Client exclusively in electronic form as follows:
via download
by e-mail
online access
6) Rights Of Use To Be Granted For Digital Content
6.1 Unless otherwise stipulated in the description of contents displayed in the Seller’s online shop, the Seller grants the client the non- exclusive right, unlimited in relation to place and time, to use the contents supplied for private and professional purposes.
6.2 The transmission of contents to third parties or the production of copies to third parties in a way not covered by the GTC is prohibited, unless the seller has consented to the transfer of the contractual license to third parties.
6.3 The granting of rights pursuant to section 158 (1) German Civil Law Code will only become effective, if the Client has paid the contractually stipulated compensation in full. The seller may allow the use of the contractual contents temporarily prior to this date. A transfer of rights does not take place via such a provisional permission.
7) Contract Duration And Contract Termination Regarding Subscription Contracts
7.1 Subscription contracts are concluded indefinitely and can be cancelled by the customer at the end of each month.
7.2 The right to immediate termination for important reasons remains unaffected. An important reason is considered, when the continuation of the contract is no more reasonable until the end of the agreed contractual period or until expiry of the notice period for termination, taking into account all circumstances of the particular case and with balanced judgement of mutual interests.
7.3 Notices of termination must be made in text form (for example by e-mail).
8) Reservation Of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
9) Warranty
9.1 Should the object of purchase be deficient, statutory provisions shall apply.
9.2 The Client is asked to notify any obvious transport damages to the forwarding agent and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
10) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
11) Place Of Jurisdiction
If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract.. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
12) Alternative Dispute Resolution
12.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr. This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
12.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity
Refund Policy
We currently do not offer free returns for national and international orders, please contact us for instructions on how to handle a return at support@dejanstipke.com . You can return your order for a refund or exchange within 14 days of delivery. Please note that all items must be in mint condition with no signs of wear and tear to be eligible for a refund. In the event that the returned item does not pass the quality check, it will be returned to you upon receipt.
Have you received a faulty item or would you like to exchange it? Click here to return.
If there is something wrong with your order, please contact us within 14 days of delivery and we will solve the problem for you. We currently process returns on a case-by-case basis. This way we can find a solution that best suits the situation, be it a refund, return, exchange or credit.
If the item you received is defective, please contact us immediately with the following information:
-Order number (begins with #HRA)
-Specify which item is defective.
-A description of the problem
-Photographic proof of the damage
Please do not return any defective items unless requested to do so by one of our support staff members as this may result in longer processing time.
If proof of damage has not been provided by a member of the support team, we cannot refund, credit or replace.
Once we have received the above information and a member of our support team has reviewed it, we will quickly find a solution to the problem.
If we determine that you are entitled to an exchange or refund, the items must be unworn and unwashed, in the same condition as delivered, with all labels and original packaging. Before any steps are taken, we thoroughly inspect all items. The refund does not include shipping unless there has been a problem with your order, in which case you will receive a full refund.
Depending on the individual case, you may be able to cover the return shipping costs, which may vary.
Please do not return damaged goods unless instructed to do so by a member of our support team, as this may result in longer processing time.
Refunds
In the event that you are granted a refund, it will take 3-5 business days to process the refund. The amount will be deposited into the card used for checkout.
Do you have any questions? Contact us – (please provide your order number – info@gorilla-strength.de)
Returns
Depending on the shipping method and destination you have used to return the package, the return may take between 10 and 21 business days (excluding weekends and holidays). You will be notified by email when your return is received.
Please be patient while your return is being processed, our team will contact you as soon as the steps are completed.
If you have any further questions, please feel free to contact our support team at info@gorilla-strength.de
Refund and return of digital products (workout pdfs)
All digital products of the 25seven LLC are excluded from the right of revocation and can therefore not be exchanged and refunded.
By activating the corresponding checkbox during the order process, you expressly agree to the execution of the contract before the expiry of the withdrawal period. Furthermore you have noted that the right of withdrawal expires at the beginning of the execution of the contract.
As soon as the 25seven LLC begin with the execution of the contract, such as providing a workout program for download, the right of withdrawal expires.
If you have any further questions, please feel free to contact our support team via info@gorilla-strength.de
