Terms of service
Terms and Conditions of OVATIME
These general terms and conditions (hereinafter referred to as "Terms and Conditions" or "T&C") apply to all business relationships between Cebio Soukou and Stefan Grummel Athletiktraining GbR (hereinafter referred to as the "Provider") and their customer in the respective version applicable at the time of contract conclusion.
Deviant general terms and conditions of the customer are rejected.
According to (1), both consumers and entrepreneurs are considered customers. A consumer is any natural person for whom the purpose of the order cannot be attributed to commercial, independent, or freelance activity. In contrast, an entrepreneur is a natural or legal person or a legal partnership with legal capacity that orders goods for commercial, independent, or freelance purposes.
These T&C consist of the following sections: 1. Preamble; 2. Product Purchase Conditions OVATIME Shop 3. Conditions for the Use of Offers on the OVATIME Platform, including the OVATIME App 4. Miscellaneous, as well as guidelines, conditions, or documents linked herein.
1 PREAMBLE
The Provider sells products via its own OVATIME webshop at www.ovatime.com and also offers the use of its own OVATIME App.
When placing an order for any products through www.ovatime.com, the OVATIME App ("App"), or any other website or app containing these T&C (collectively referred to as the "Platform"), a purchase agreement is concluded between you and the Provider upon confirmation of acceptance of your order. These present terms and conditions and, in particular, the product purchase conditions below apply to this contract.
By downloading or installing the OVATIME App or creating an account with OVATIME, you enter into an agreement with the Provider. These terms and conditions, especially the conditions for using the OVATIME App, apply to this contract.
2 PRODUCT PURCHASE CONDITIONS OVATIME SHOP
2.1 ORDERING OF SINGLE DELIVERIES AND FORMATION OF THE CONTRACT
2.1.1
The presentation of goods in the online shop does not constitute a binding offer by the Provider to conclude a purchase contract. The customer is merely invited to submit an offer by placing an order. Customers can view past orders in their user account.
2.1.2
When selecting one or more products, they are added to the virtual shopping cart. All products associated with it can be viewed in the shopping cart. Additionally, the quantity of ordered products can be changed or a product can be removed. By clicking the "Checkout" button, you will be prompted to enter the shipping-relevant information and select a payment method. Before completing the order, you will be shown a summary of all relevant information for the order. By clicking the "Buy now" button, the ordering process is completed, and the order is placed.
2.1.3
By submitting the order in the online shop, the customer makes a binding offer aimed at concluding a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer also acknowledges these T&C as solely applicable to the legal relationship with the Provider.
2.1.4
The Provider confirms the receipt of the customer's order by sending an order confirmation email. This order confirmation does not yet constitute acceptance of the contract offer by the Provider. It merely serves to inform the customer that the order has been received by the Provider. The declaration of acceptance of the contract offer will be made within three days by delivering the goods or an explicit declaration of acceptance.
2.1.5
Contrary to 2.1.4, in the case of purchase by advance payment, the order confirmation simultaneously represents acceptance of the contract offer. 2.3 PRICES 2.3.1 For orders, the prices listed for the products at the time of the order apply. All prices stated include the German statutory value-added tax and are exclusive of shipping costs. Additional costs will be charged separately.
2.2 PRICES
2.2.1 The prices listed for the products at the time of ordering shall apply to orders. All mentioned prices include the German value-added tax (VAT) and are subject to shipping costs. Additional costs will be charged separately.
2.3 DELIVERY CONDITIONS
2.3.1
For deliveries within Germany, shipping costs of €4.50 will be charged for orders valued at less than €50. For orders valued at more than €50, shipping within Germany is free of charge.
2.3.2
The provider is entitled to make partial deliveries and partial performances. The buyer bears any resulting costs. Please note that all information on this page applies only to items shipped by OVATIME. Shipping costs from OVATIME Marketplace sellers may vary. The calculated shipping costs will be displayed to you at the end of the ordering process.
2.3.3
Delivery within Germany is carried out via DHL. The provider ships from Monday to Friday noon.
2.3.4
If a buyer does not accept the goods, the provider may sell the goods to a third party after a period of 2 weeks has elapsed and hold the original buyer liable for any resulting loss.
2.3.5
If the goods are unavailable due to force majeure or product discontinuation, or if the provider cannot procure the ordered products under reasonable conditions and if these circumstances occur after the conclusion of the contract and are not attributable to the provider, the provider is exempt from the obligation to deliver. Should events occur that significantly impede or make delivery impossible for the provider - such as strikes, lockouts, official orders, or similar events - the provider is not responsible for delays, even in the case of bindingly agreed deadlines and appointments.
2.3.6
If you exercise your right of withdrawal, the provider will bear the regular costs of return shipment.
2.4 PAYMENT CONDITIONS
2.4.1
For one-time orders that do not represent subscriptions, we offer invoice, credit card (Visa, Mastercard, American Express, Maestro), direct debit (SEPA), PayPal, Ideal, Union Pay, Apple Pay, Google Pay, Shop Pay, and Sofortüberweisung as payment methods. We reserve the right to exclude certain payment methods.
2.4.2
For orders representing a subscription after the Body Check has been completed, we offer the payment methods credit card (Visa, Mastercard), and direct debit (SEPA). We reserve the right to exclude certain payment methods.
2.4.3
When paying by credit card, the amount will be reserved upon order completion, and the account will be charged upon shipment of the goods. Credit card billing is carried out by: Contracting Entity: PayPal (Europe) Sàrl et Cie, SCA, a limited liability partnership registered in Luxembourg, R.C.S. Luxembourg B 118 349 Representative/general partner: PayPal (Europe) S.à r.l.: R.C.S Luxembourg B 127 485 Representative of the general partner (director): Rupert Keeley PayPal (Europe) Sàrl et Cie, SCA is licensed as a Luxembourg credit institution and is under the prudential supervision of the Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier (the "CSSF"), and is regulated by the Central Bank of Ireland for the conduct of business rules applicable in Ireland. The CSSF has its registered office in L-1150 Luxembourg.
2.4.4
For subscriptions, the charge occurs monthly (or according to a different subscription schedule) upon shipment of the goods.
2.4.5 Payment by invoice (Klarna)
2.4.5.1
In cooperation with Klarna, we offer you the option of purchasing by invoice. Please note that Klarna invoice is only available for consumers and that payments must be made directly to Klarna.
2.4.5.2
When purchasing on account with Klarna, you will always receive the goods first and have a payment deadline of 14 days. You can find the complete terms and conditions for purchasing by invoice here. The online shop charges a fee of 0 euros per order when purchasing by invoice with Klarna.
2.4.5.3
Data Protection Notice: Klarna checks and evaluates your data and, in the case of legitimate interest and cause, exchanges data with other companies and credit agencies. Your personal information will be treated in accordance with applicable data protection regulations and in accordance with the information in Klarna's data protection provisions.
2.4.6
Purchase by direct debit; Authorization for direct debit; Processing fee for returned direct debits When purchasing by direct debit, the payment amount is immediately due for payment by direct debit through our external partner, Billpay GmbH, from the specified checking account at the specified financial institution (the checking account) in the ordering process. Hereby, you authorize Billpay GmbH to collect due payments via SEPA direct debit and instruct your financial institution to honor the direct debits. Billpay's creditor identification number is DE19ZZZ00000237180. The mandate reference number will be communicated to you at a later date via email. Note: Within eight weeks, starting from the debit date, you can request a refund of the debited amount. The conditions agreed with your financial institution apply. Please note that the due claim remains even in the event of a returned direct debit. Further information can be found at https://www.billpay.de/sepa. You will receive advance notice of the SEPA direct debit at least one day before the due date via email to the email address provided by you during the ordering process. If the checking account does not have the required coverage, there is no obligation for the bank maintaining the account to honor it. Partial redemptions are not made in the direct debit procedure.
The payment method of purchase by direct debit is not available for all offers and, among other requirements, is subject to a successful credit check by Billpay GmbH and the existence of a checking account held in Germany. If the customer is granted purchase by direct debit for certain offers after a credit check, payment processing will be carried out in collaboration with Billpay GmbH, to whom we assign our payment claim. In this case, the customer can only make payments to Billpay GmbH with a discharging effect. We remain responsible, even when purchasing by direct debit via Billpay, for general customer inquiries (e.g., about the product, delivery time, shipment), returns, complaints, revocation declarations, and returns or credits. The general terms and conditions of Billpay GmbH apply.
By providing the checking account details, you confirm that you are authorized for direct debit via the respective checking account and will ensure the necessary coverage. Returned direct debits involve high effort and costs for us and Billpay GmbH. In the event of a returned direct debit (due to insufficient coverage of the checking account, termination of the checking account, or unauthorized objection by the account holder), you authorize Billpay to resubmit the direct debit for the respective due payment obligation. In such a case, you are obliged to pay the costs incurred by the returned direct debit. Further claims are reserved. Given the effort and costs involved in returned direct debits and to avoid processing fees, we ask that, in the event of a revocation or withdrawal from the purchase contract, a return, a complaint, or a credit, you do not object to the direct debit. In such a case, after coordination with us, the payment will be reversed by transferring the corresponding amount back or by credit.
2.4.7
Additionally, the provider also uses trustworthy third parties to process payments. In this regard, the provider accepts payments to such third parties on a satisfaction basis (§364 II BGB). Currently, this includes the payment service provider PAYONE GmbH & Co. KG, which works with a variety of large and small companies and processes payments for the provider. Address: PAYONE GmbH & Co. KG Fraunhoferstraße 2-4 24118 Kiel, Germany
2.5 TRANSFER OF RISK
2.5.1
For customers, the risk of unforeseen loss or accidental deterioration of the ordered goods passes to the customer or a person designated by them upon delivery. This applies regardless of whether the shipment is insured or not. In other cases, the risk of unforeseen loss or accidental deterioration of the ordered goods passes to the buyer upon delivery, in the case of a sales contract involving transportation, upon delivery of the goods to the carrier or the person or institution otherwise designated for the execution of the shipment.
2.6 RETENTION OF TITLE
2.6.1
With consumers, we reserve the right of ownership of the purchased item until full payment of the invoice amount. If you are a businessperson acting in the course of your commercial or independent professional activity, a legal entity under public law, or a special fund under public law, we reserve the right of ownership of the purchased item until full settlement of all outstanding claims from the business relationship with the purchaser. The corresponding security rights are transferable to third parties.
2.7 MATURITY
2.7.1
The payment of the purchase price is due upon conclusion of the contract.
2.8 DISCLAIMER OF LIABILITY
2.8.1
Customer claims for damages are excluded unless otherwise specified below. The above disclaimer of liability also applies in favor of the legal representatives and vicarious agents of the provider if the customer asserts claims against them.
2.8.2
Claims for damages excluded from the liability disclaimer specified under Item 1 include claims for damages due to injury to life, body, health, and claims for damages arising from the breach of material contractual obligations. Material contractual obligations are those whose fulfillment is necessary for achieving the purpose of the contract; for example, the provider must deliver the item free from defects and encumbrances and transfer ownership of it. Also excluded from the liability disclaimer is liability for damages resulting from intentional or grossly negligent breaches of duty by the provider, its legal representatives, or vicarious agents.
2.9 ASSIGNMENT AND PLEDGING PROHIBITION
2.9.1
The assignment or pledging of claims or rights owed by the customer to the provider is prohibited without the consent of the provider, unless the customer demonstrates a legitimate interest in the assignment or pledging.
2.10 STATUTORY WARRANTY FOR DEFECTS
2.10.1
The statutory warranty for defects applies to all our products. Important Note: Please consult your doctor if you have known intolerances. The same applies to potential interactions with other products taken simultaneously.
2.11 VOUCHERS & REFER A FRIEND
2.11.1
Voucher codes cannot be purchased and are issued as part of advertising campaigns. They are only valid during the specified period. After a single use or upon expiration, the voucher becomes void. Specific products may be excluded from the voucher promotion.
2.11.2
For successful referrals of new customers through the "Refer a Friend" program, the registered user of www.shop.ovatime.de receives a discount of 15%. Only registered users who have placed and paid for an order at www.shop.ovatime.de or users of the paid OVATIME app can refer friends. The discount is credited only for referring new customers who have not previously been customers at www.shop.ovatime.de and once these new customers have completed and paid for an order. Referred new customers receive a 15% discount on their order after completing a paid order. The discount is valid for one year.
2.11.3
Vouchers can only be redeemed before completing the ordering process. Retroactive offsetting is not possible.
2.11.4
Vouchers cannot be transferred to third parties. Multiple vouchers cannot be combined.
2.11.5
Vouchers will not be refunded if goods are returned in whole or in part. www.shop.ovatime.de is not liable for the loss or theft of promotional vouchers.
3 Terms for using the offers on the OVATIME platform including the OVATIME App
Important information about your workouts:
Our plans for training, nutrition, and coaching have been developed by experienced trainers and are based on current knowledge for optimal fitness development. However, your data input does not enable us to make a conclusive assessment of your health condition. We are also not medical professionals. Therefore, before starting any training, you should consult a doctor to assess if our plans are suitable for your body.
It is important to warm up individually before each workout and to respect your own health limits during exercises. If you experience any discomfort or pain, it is advisable to consult a doctor immediately.
3.1. FORMATION OF CONTRACT / CREDIT CHECK / ABUSIVE USE
3.1.1
The presentation of goods and services on the internet does not constitute a binding offer from the provider to conclude a contract. The customer is merely requested to submit an offer. The provider reserves the right to reject users without stating reasons. In this case, the transmitted data will be promptly deleted.
3.1.2
The user agrees that the provider collects information about the user's creditworthiness. The costs for this are borne by the provider.
3.1.3
The user is prohibited from granting third parties access to their user account and password; they are solely authorized to use the internet products themselves.
3.2 MINORS
3.2.1 Only individuals with unlimited legal capacity are allowed to independently register on the platform. Typically, these are individuals who have reached the age of 18. Minors or other individuals limited in legal capacity may only register on the platform with the explicit permission of their legal representatives (usually parents). A declaration of consent, signed by the responsible parent(s), must be sent via email to "info@ovatime.com".
3.2.2 Any limitations to legal capacity (such as minority or mental disability, the existence of legal guardianship, etc.) must be promptly communicated to the provider. If a user registers without the necessary written consent of their legal or appointed representative, the provider reserves the right to pursue legal action against the user.
3.3 ACCEPTANCE OF T&C AS CONTRACTUAL BASIS / T&C OF COOPERATION PARTNERS
3.3.1 By applying for registration and being registered by the provider, a user contract ("the User Contract") is formed between the provider and the user. With the application, the user acknowledges the validity of these terms and conditions as the basis of the User Contract.
3.3.2 In cases where services and goods are offered by the provider's cooperation partners, the provider is not a contractual party concerning these services and goods. Contracts for these services and goods are solely between the user and the cooperation partner. The terms and conditions of the cooperation partners exclusively apply in these cases.
3.4 DURATION OF CONTRACT / TERMINATION
The contract runs indefinitely. Both parties can terminate the contract with a notice period of 2 weeks to the end of the month.
3.5 ASSIGNMENT AND PLEDGING PROHIBITION, TRANSFER OF RECEIVED SERVICES
The assignment or pledging of claims or rights to the provider by the customer is prohibited without the consent of the provider, unless the customer can prove a legitimate interest in the assignment or pledging. The provider's services are personalized, and passing on the acquired services to third parties is not allowed. The provider is entitled to transfer the rights and obligations arising from these terms and conditions to third parties.
3.6 PAYMENT TERMS
The available payment methods are listed in the respective internet offer.
3.7 PAYMENT DUE DATE
The agreed fee is due monthly in advance until the third working day of the month.
3.8 SET-OFF AND RIGHT OF RETENTION
The customer's right to set off only exists if their offsetting claim has been legally established or is undisputed. The right of retention only exists if and to the extent that the counterclaim is based on the same contractual relationship.
3.9 WARRANTY AND LIABILITY
The provision of services by the provider does not guarantee training success. The provider does not guarantee that the Ovatime.com platform will be constantly, fully, and error-free available, or that the required software and hardware will work flawlessly. The provider does not guarantee that data transport via external systems, especially the internet or telecommunication networks, will not be tracked, recorded, or tampered with by third parties.
Additionally, the provider does not warrant external links, banners, or other informational and advertising offers that may be displayed for the user. Transactions between the user and a third-party provider, for instance, through linked pages or banners, establish contractual relationships exclusively between the user and the third-party provider. The provider does not guarantee the services of third-party providers.
4. MISCELLANEOUS
4.1 Changes to the Terms and Conditions
The provider reserves the right to modify these terms and conditions and all other agreed usage conditions. The provider will inform about the changes on the website. The original conditions continue to apply for legal actions taken before the modification.
Changes to the terms and conditions are deemed approved by the user if, after one month of the new terms and conditions coming into effect, the user continues to use the offers provided by the provider or does not terminate within two months of the changes taking effect. If the user disagrees with the terms and conditions, the contractual relationship automatically ends after one month of the new terms and conditions coming into effect.
4.2 CANCELLATION POLICY
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from:
- In the case of a purchase contract, from the day you or a third party named by you, who is not the carrier, takes possession of the goods.
- In the case of a contract for multiple goods ordered in a single order and delivered separately, from the day you or a third party named by you, who is not the carrier, takes possession of the last goods.
To exercise your right of withdrawal, you must inform the following entity:
Cebio Soukou and Stefan Grummel Athletiktraining GbR Laddringsweg 5b 45219 Essen Email address: info@ovatime.com
by means of a clear statement (e.g., a letter sent by post or email) about your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is, however, not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal: If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for the additional costs arising if you chose a different type of delivery than the cheapest standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will make the refund using the same means of payment that you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold the reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. We will bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
4.3 WITHDRAWAL FORM
If you want to withdraw from the contract, please fill out this form and send it back. [Insert link to withdrawal form here]
4.4 DISCLAIMER
The provider is only liable within the existing legal provisions, irrespective of the legal basis (pre-contractual, contractual, non-contractual), if damage is caused by the provider, grossly negligent or intentional. In cases of slight negligence, the provider is not liable towards companies and is liable towards consumers only for the violation of life, body, and health. The provider is not liable towards companies for consequential damages, mere financial losses, lost profits, or damages arising from third-party claims. Except for legally required cases, neither the provider nor the businesses associated with the provider are liable for damages that may arise from the use of content accessible through the online and mobile offer or other uses of the online offer. This also applies to damages that may arise from errors, problems, viruses, or data losses. The provider assumes no liability for downloaded material or any material obtained by the user as a result of using the services on the Ovatime.com platform. The user alone is responsible for any damage that may occur to their computer system or for the loss of data due to the download of any material related to the service from the Ovatime.com platform. The user assumes full liability for any complaints, lawsuits, judicial, extrajudicial, or any other kind of conflicts arising from or in any way related to disputes with other users. The user acknowledges and accepts that the provider is not responsible for the actions or omissions of other users, including any damage caused by such actions or omissions.