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Terms and Conditions (T&Cs)

AsVIVA – professionelle Fitnessgeräte
AsVIVA Brands GmbH – Development and distribution of high-quality fitness equipment.

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you enter into with us as the provider (AsVIVA Brands GmbH) via the website www.asviva.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you is rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly can be attributed neither to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.

§ 2 Accessibility

(1) Pursuant to Section 14 (1) No. 2 in conjunction with Annex 3 No. 1 BFSG, we provide information on how our website or electronic commerce service fulfills the accessibility requirements of the relevant ordinance (BFSGV). This information can be accessed via a separate, appropriately labeled button (e.g. "Accessibility Statement" or similar designation) on our website and includes, in particular, the following points:

  • a description of the applicable accessibility requirements;
  • a general description of the service in an accessible format;
  • descriptions and explanations required to understand how the service is performed;
  • a description of how the service fulfills the relevant accessibility requirements. (2) The contact details of the competent market surveillance authority are as follows:

Market Surveillance Authority of the Federal States for the Accessibility of Products and Services - Institution under Public Law (MLBF AöR) Carl-Miller-Str. 6 39112 Magdeburg Phone: +49 391 567 6970 Email: kontakt@mlbf-barrierefrei.de
(3) Where applicable, we use Artificial Intelligence (AI) and special tools to implement the accessibility requirements on our website. These are intended to address a wide range of potential disabilities, including visual, auditory, physical, speech, cognitive, and neurological impairments. Further details can be found under the separate, appropriately labeled button mentioned in paragraph 1 on our website.
(4) Our website or electronic commerce service is accessible if it is perceivable, accessible, and usable for people with disabilities in the customary manner, without particular difficulty, and generally without external assistance.
(5) Measures to implement accessibility requirements include, for example, clearly visible font sizes and sufficient color contrasts, navigability via mouse and keyboard, alternative text for images, subtitles and audio descriptions in videos (where videos are embedded on the website), easy-to-read and understandable language, compatibility with all common screen readers, and adaptable display options for various devices (smartphones, tablets, desktop computers, etc.).

§ 3 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods .

(2) By placing the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the button "Checkout" or "Proceed to Order" (or similar designation) and entering your personal data as well as the payment and shipping terms, the order data will finally be displayed to you as an order summary.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be directed to the order summary page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the appropriate selection or input of your data there. Finally, the order data will be displayed as an order summary on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to review the details in the order summary again, to change them (also via the "back" function of your internet browser), or to cancel the order.

By submitting the order via the corresponding button ("Order with obligation to pay", "Buy" / "Buy now", "Place order subject to payment", "Pay" / "Pay now" or similar designation), you legally bindingly declare acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries regarding the creation of a quote are non-binding for you. We will submit a binding offer to you in text form (e.g. by email), which you can accept within 5 days (unless a different period is stated in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via email, partly automated. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by SPAM filters.

§ 4 Special Agreements on Payment Methods Offered

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavagen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case:

  • Instant Bank Transfer ("Pay Now") The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, as part of the purchase initiation and processing of the purchase contract, we forward your data to Klarna for the purpose of address and credit checks. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.

Further information on Klarna as well as Klarna's terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user) and https://www.klarna.com/de/ (https://www.klarna.com/de/).

(2) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout", payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods offered via "PayPal" are displayed under a correspondingly labeled button on our website as well as in the online checkout process. "PayPal" may use additional payment services for payment processing; insofar as special payment terms apply for these, you will be notified of them separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full).

§ 5 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following applies in addition:

a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice total that accrue to you from the resale; we accept the assignment. You remain authorized to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the goods subject to retention of title, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The choice of securities to be released rests with us.

§ 6 Warranty

(1) The statutory liability rights for defects apply.

(2) Insofar as you are informed of this by us prior to submitting your contractual declaration and this has been expressly and separately agreed upon, the limitation period for defect claims in used goods shall be one year from delivery of the goods. The above restriction does not apply:

- for culpably caused damages attributable to us arising from injury to life, body or health and for other damages caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.
(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as quickly as possible. Failure to do so shall have no effect on your statutory warranty claims.

(4) Insofar as a characteristic of the goods deviates from objective requirements, the deviation shall only be deemed agreed upon if you were informed of this by us prior to submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(5) Insofar as you are an entrepreneur, the following applies in deviation from the above warranty regulations:

a) Only our own information and the manufacturer's product description shall be deemed agreed upon as the quality of the goods, but not any other advertising, public promotions, or statements by the manufacturer.

b) In the event of defects, we shall provide warranty at our discretion through rectification or replacement. If the defect rectification fails, you may at your choice demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless something else arises in particular from the nature of the goods or the defect or other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the move does not correspond to the intended use of the goods.

c) The warranty period shall be one year from delivery of the goods. This reduction of the limitation period does not apply:

  • for culpably caused damages attributable to us arising from injury to life, body or health and for other damages caused intentionally or through gross negligence;
  • insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
  • for items that have been used for a building in accordance with their customary manner of use and have caused its defectiveness;
  • for statutory recourse claims that you have against us in connection with defect rights.

§ 7 Choice of law, place of performance, place of jurisdiction

(1) German law applies. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (favorable principle).

(2) The place of performance for all services arising from business relations with us as well as the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the action is brought. The right to appeal to the court at another statutory place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods explicitly do not apply.

II. Customer Information

1. Identity of the seller

AsVIVA Brands GmbH
Borsigstraße 4
41541 Dormagen
Germany
Phone: +4921338688812
Email: legal.kein-spam@bitte-nicht.asviva.de

We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the options for correction are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. Contract language is German .

3.2. The complete text of the contract is not saved by us. Prior to submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. In the case of requests for quotation outside of the online shopping cart system, you will receive all contract data sent to you in text form as part of a binding offer, e.g., via email, which you can print out or save electronically.

4. Codes of conduct

4.1. We have submitted to the Buyer Seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf (https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf).

5. Essential characteristics of the goods or service

The essential characteristics of the goods and/or service can be found in the respective offer.

6. Prices and payment terms

6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.

6.2. The shipping costs incurred are not included in the purchase price. They can be called up via an appropriately designated button on our website or in the respective offer, are shown separately in the course of the ordering process, and are to be borne additionally by you, unless free delivery has been promised.

6.3. If delivery is made to countries outside the European Union, additional costs beyond our responsibility may be incurred, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.

6.4. Costs incurred for money transfer (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.

6.5. The payment methods available to you are displayed under an appropriately designated button on our website or in the respective offer.

6.6. Unless stated otherwise for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7. Delivery terms

7.1. The delivery terms, the delivery date, and any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.

7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the seller or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are carried out at your own risk.

8. Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were created by lawyers specializing in IT law at the Merchant Association and are continuously checked for legal compliance. The Merchant Association Management AG guarantees the legal certainty of the texts and is liable in the event of warning letters. You can find further information at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).

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