Terms of Service

General Terms and Conditions of the Online Shop

1. Scope

1. The EGO Movement Shop (www.egomovement.de) is the online shop of EGO Movement Stuttgart GmbH. Therefore, the contracts made via this online shop are concluded with:

 

EGO Movement Stuttgart GmbH

Eichstrasse 5

70173 Stuttgart, Germany

Managing Director: Daniel Meyer

 

Telephone: +49 (800) 186 2136

Email: [email protected]

 

Commercial Registry: District Court of Stuttgart, HRB: 763865

VAT ID: DE317456963

 

In the following, the term “EGO Movement” refers to EGO Movement Stuttgart GmbH. 

 

2. These General Terms and Conditions (hereinafter "GTC") apply to all services of the EGO Movement Shop, regardless of whether the Customers are consumers, business owners or merchants. Any deviating general terms and conditions of the Customer shall not be recognised unless EGO Movement expressly consents to their application in writing.

 

3. A Consumer is any natural person who enters into a legal transaction for purposes that are largely not attributable to his or her commercial or independent professional activity (Section 13 of the German Civil Code (Bürgerliches Gesetzbuch, BGB)).

2. Conclusion of the Contract

The following rules apply to orders placed via our web shop (www.egomovement.de).

1. By displaying goods in our online shop, we are not making a legally binding offer to conclude a contract for the sale of the items.

2. The Customer places a legally binding order if he or she successfully completes the order procedure described below.

3. We will immediately confirm receipt of your contractual offer with an automatically generated email. This email does not constitute binding acceptance of the offer.

4. Once we have sent the invoice to the Customer, a contract of sale is formed. The automatic order confirmation from the shop does not constitute acceptance of the order.

5. The Customer shall be informed of the shipment of the goods by separate email (shipping confirmation). The contract text (consisting of the order, GTC and order confirmation) shall be sent to the Customer on a durable data carrier (email or hard copy) (contract confirmation) no later than together with this shipping confirmation. The text of the contract will be stored in a manner that safeguards data protection.

6. EGO Movement is entitled to make the conclusion of the contract subject to a positive credit check with [Service provider creditworthiness] and to conduct such a credit check at any time to the extent permitted under data protection law. In the process, EGO Movement will process the Customers' personal data. In such cases, EGO Movement will perform a credit check without separate consent only if this is in its overriding legitimate interest pursuant to Art. 6 (1)(f) of the EU GDPR, which applies particularly in the case of delivery against invoice because of the associated risk of default. For the purpose of the credit check, EGO Movement shall send the Customer’s name and contact details to [Service provider creditworthiness]. Information on how [Service provider creditworthiness] processes the transmitted data is available at [www.XXX.de]; this information constitutes unilateral information from [Service provider creditworthiness] pursuant to Art. 14 EU GDPR and does not form part of the contract.

7. Orders may be placed no more than 10 days before the desired delivery date. EGO Movement is at liberty to refuse to accept an order – for whatever reason – and to refuse to conclude the contract.

8. Order process:

1. Select the desired product

2. Confirm by clicking on the “Add to Basket” button

3. Review Basket

4. Click on the “Proceed to Checkout” button

5. Enter personal details and select the desired payment method

6. Before sending us an order, the Customer can change and view the data at any time.

7. Submit a binding order by clicking on the “Place your Order” button

By placing the order, the Customer confirms the accuracy of all information provided by him or her.

3. Prices, Shipping Costs, Due Date and Payment

1. The prices indicated in the online shop are in euro and include the statutory value-added tax and other price components. Any shipping costs may be added and will be displayed in the online shop.

2. The prices displayed on the website at www.egomovement.de at the time of the order shall apply.

3. Different payment methods are available depending on the product line and the type of shipment. The Customer shall be informed of the available payment methods at the latest at the beginning of the order process. EGO Movement is in any event entitled to decide at its own discretion which means of payment it will offer in each specific individual case.

4. If, when placing the order, a Customer is in default in paying previous invoice amounts or if his or her personal credit limit has been exceeded, the payment method “by invoice” will not be available.

5. For legal entities, the payment type “by invoice” is only available upon written request. 

6. Invoices shall be sent electronically after delivery if possible, and otherwise by post, to the default address indicated by the Customer, or they shall be attached directly to the delivery of goods. 

7. Invoices must be paid within 10 days without any deductions or other discounts. Unauthorised deductions shall be debited subsequently. 

8. In the event of payment default, EGO Movement shall be entitled to instruct third parties to collect outstanding payments and to assign claims to third parties in Germany and abroad. 

4. Delivery

1. Goods shall be delivered directly to the delivery address and contact person provided by the Customer. Goods may also be collected from an EGO Movement site.

2. Depending on the product line and the place of delivery, the delivery shall be carried out by the personal delivery service of EGO Movement or through various services of its delivery partners. Delivery shall be made to private individuals' apartment doors and to corporate clients' reception area / front desk to the extent such locations are accessible.

4.1 Delivery times and compliance with delivery deadlines

1. Delivery times indicated in the online shop are calculated from the time the order is confirmed. Delivery of the ordered goods shall, however, only take place as soon as payment of the full purchase price and any EGO Movement shipping costs has been received. Unless a specific or different delivery time is indicated for the respective goods in the online shop, it shall be between 5 and 7 working days for mainland deliveries. Delivery times for islands may differ.

2. If, at the time of the Customer’s order, the product selected by the Customer is out of stock, EGO Movement shall promptly inform the Customer to this effect in the order confirmation. If the product is permanently unavailable, EGO Movement will decline acceptance of the order. In such case, no contract is deemed to have been formed.

3. Delivery shall be made via DHL or DPD.

4. If EGO Movement or our delivery partner is unable to deliver an order confirmed by EGO Movement or the delivery partner due to circumstances that are not acceptable to EGO Movement or our delivery partner, a second delivery date shall be agreed. The additional costs incurred in this respect shall be borne by the Customer unless the latter is not responsible for this. 

4.2 Delivery fees

1. The corresponding delivery fees shall be indicated to the Customer in the order form and shall be borne by the Customer unless he or she exercises his or her right of cancellation.

2. The amount of the delivery fee depends on the type of delivery, the order value (less any coupons/discounts) and the order frequency. Depending on the product line and type of delivery, a minimum order value may apply.

3. If products are purchased at the same time using different shipping methods, multiple delivery fees may be charged. Shopping baskets with different shipping methods are shown separately during the order process.

4.3 Delivery processing

1. For quality and security reasons, EGO Movement endeavours to hand over the delivery of goods to the Customer personally.  Therefore, prior to delivery, EGO Movement or the commissioned shipping service provider shall contact the Customer in order to agree a delivery date.

2. Deliveries by the delivery partners to addresses without home delivery shall be stored at the place where the parcel service stores parcels for such addresses.

5. Reservation of Title

The ordered items will remain our property until the full purchase price has been paid.

6. Right of Cancellation for Consumers

1. Consumers normally have a statutory right of cancellation when concluding a distance sale transaction, of which EGO Movement must inform them in accordance with the statutory model below. Exceptions to the right of cancellation are set out in paragraph (2). Paragraph (3) contains a sample cancellation form.

 

Advice on rights of cancellation

Right of cancellation

You have the right to cancel this contract within 14 days without having to provide reasons.

The revocation period is 14 days from the day on which you or a third party designated by you (other than a carrier) took possession of the goods.

In order to exercise your right of cancellation, you must inform us (EGO Movement Stuttgart GmbH, Eichstrasse 5, 70173 Stuttgart, Telephone: +49 (800) 186 2136, Email: [email protected]) by means of a clear declaration (e.g. a letter sent by post or email) regarding your decision to cancel this contract. You may use the attached model cancellation form, but it is not required.

In order to comply with the cancellation period, it is sufficient for you to send the notice of your exercise of the right of cancellation prior to expiry of the cancellation period.

Consequences of cancellation

If you cancel this contract, we shall promptly, but no later than within 14 days of the date on which we receive the notice of your cancellation of this Contract, refund all payments received from you, including delivery charges (except for the additional charges resulting from your choice of a type of delivery which departs from the least expensive, standard delivery option offered by us). We shall process the refund using the same payment method which you used for the original transaction unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees as a result of this refund. 

We may withhold repayment until we have received the returned goods or until you have provided proof that you have returned them, whichever occurs first. 

You must return the goods to us or hand them over to the dealer promptly, but in any event no later than 14 days from the date on which you notify us of your cancellation of this contract. The deadline shall be deemed to have been complied with if you send back the goods before the 14-day period expires.

You shall bear the direct costs of returning the goods.

You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary in order to verify the nature, characteristics and functionality of the goods. 

 

2. The right of cancellation shall not apply to contracts for the supply of goods that are not prefabricated and whose manufacture is subject to an individual choice or determination by the Consumer or that are clearly tailored to the personal needs of the consumer, to contracts for the supply of sealed goods that are not suitable for return on grounds of health protection or hygiene if their seal has been removed after delivery, or to contracts for the supply of goods if, after delivery, they have been irreversibly mixed with other goods due to their nature.

 

3. The provider informs the Customer about the sample cancellation form in accordance with the relevant statutory provisions as follows:

Standard Cancellation Form:

(If you wish to cancel the contract, please complete and return this form.)

• To EGO Movement Stuttgart GmbH, Eichstrasse 5, 70173 Stuttgart, Germany, Telephone: +49 (800) 186 2136, Email: [email protected]:

• I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*) /the provision of the following service (*)

• Ordered on (*) /received on (*)

• Name of Consumer(s)

• Address of Consumer(s)

• Signature(s) of Consumer(s) (only where notification is provided in paper form)

• Date

(*) Please delete as applicable.

7. Gift Cards

 For the purchase of EGO Movement gift cards, the corresponding GTC of EGO Movement shall also apply.

Rebates, Discounts and Coupons

8.1 Promotions

The promotions offered at EGO Movement only correspond to a limited extent to those of EGO Movement's physical stores or other EGO Movement sales channels.  The Customer shall be informed of this separately during the sales process.

8.2 Coupons

At EGO Movement, only coupons that expressly mention EGO Movement as the place of redemption may be accepted. Only one coupon may be redeemed per order; coupons cannot be combined.

9. Customer Service and Complaints

The Customer Service department provides information and personal support in case of questions, problems or complaints regarding the services of EGO Movement.

EGO Movement Customer Service

EGO Movement Stuttgart GmbH
Kronenstrasse 7
D-70173 Stuttgart
Germany

Email: [email protected] 

Tel: +49 (800) 186 2136 

 

10. Warranty

10.1 If the Customer is a Consumer, the statutory warranty claims shall apply. 

10.2 If the Customer is not a Consumer, the warranty period shall be one year from the transfer of risk. In such cases, the Customer shall be responsible for complying with the statutory duties of investigation and reporting.

 

11. Liability

1. Liability for any claims for damages on the part of the Customer are hereby disclaimed. This limitation of liability does not apply to claims for damages of the Customer arising from injury to life, limb or health or for breach of material contractual obligations (cardinal obligations), nor does it include liability for other damages based on a wilful or grossly negligent breach by EGO Movement, its legal representatives or vicarious agents. Material contractual obligations (cardinal obligations) are those which constitute a sine qua non to achieving the purpose of the contract.

 

2. In the event of a breach of material contractual obligations (cardinal obligations), EGO Movement shall only be liable, in the case of simple negligence, for foreseeable damage typical of the contract unless the Customer brings claims for damages arising from injury to life, body or health.

 

3. The limitations set forth in paras. (2) and (3) shall also apply in favour of EGO Movement's legal representatives and vicarious agents if claims are asserted directly against them.

 

4. Furthermore, the limitations of liability resulting from paras. (1) and (2) shall not apply to the extent that EGO Movement has fraudulently concealed the defect or has provided a guarantee of quality for the item. The same shall apply to the extent that EGO Movement and the Customer have concluded an agreement concerning the nature of the item. The foregoing shall not affect the provisions of the Product Liability Act.

 

12. General Terms and Conditions

12.1. Data Privacy

The processing of personal data is carried out in strict compliance with data protection law. Information on this can be found in the Privacy Policy of EGO Movement Stuttgart GmbH at www.egomovement.de/privacy-policy-cookie-restriction-mode: the Privacy Policy shall not however be an integral part of the contract. 

12.2. Miscellaneous provisions

1. Contracts between EGO Movement and the Customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The provisions of the law limiting the choice of law and the applicability of mandatory provisions, particularly those of the country in which the Customer, as a Consumer, habitually resides, shall remain unaffected. 

 

2. If the Customer is not a Consumer, the place of jurisdiction shall be Stuttgart; otherwise the statutory place of jurisdiction shall apply.

 

3. The contract shall remain binding in all other respects even in the event of the legal invalidity of individual clauses. The invalid clauses shall be replaced by the applicable statutory provisions, if any. However, to the extent that this would constitute an unreasonable hardship for a Party, the Contract as a whole shall become invalid.

 

4. Dispute resolution: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a point of contact for out-of-court settlement of disputes concerning contractual obligations arising from online sale agreements. For more information, please visit the following link: http://ec.europa.eu/consumers/odr/. EGO Movement is neither prepared nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.