General Terms and Conditions
§ 1 Validity, Definition of Terms
(1) aramtraining Aram Lemmerer, Petritschgasse 6/2/2, 1210 Vienna, Austria (hereinafter: “we” or “aramtraining”) operates an online store for goods, digital goods and services under the website https://www.aramtraining.com. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership endowed with the capacity to acquire rights and enter into liabilities.ingungen gelten für alle Leistungen zwischen uns und unseren Kunden (im Folgenden: „Kunde“ oder „Sie“) in ihrer zum Zeitpunkt der Bestellung gültigen Fassung, soweit nicht etwas anderes ausdrücklich vereinbart wurde.
§ 2 Conclusion of contracts, storage of the contract text
(1) The following regulations on the conclusion of contracts apply to orders placed via our online store at https://www.aramtraining.com.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our online store, the following provisions shall apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online store. The order is placed in the following steps:
1. selection of the desired goods, digital goods, selected service(s),
2. adding the products by clicking the appropriate button (e.g. “Add to cart”, “Add to shopping bag” or similar),
3. checking the information in the shopping cart,
4. call up the order overview by clicking on the corresponding button (e.g. “Proceed to checkout”, “Proceed to payment”, “Proceed to order overview” or similar),
5. entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
6. completion of the order by pressing the button “Buy Now”. This represents your binding order.
(7) The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.
(4) In case of contract conclusion the contract is concluded with aramtraining Aram Lemmerer, Petritschgasse 6/2/2, 1210 Vienna, Austria.
(5) Before ordering the contract data can be printed or electronically saved using the print function of the browser. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the General Terms and Conditions and the cancellation policy, shall be carried out by e-mail after the order has been triggered by you, in part automatically. We do not store the text of the contract after conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). They can also be corrected by aborting the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential characteristics of the products
§ 4 Events, training packages and subscriptions
(1) For training packages, i.e. training according to training plans provided by us, as well as for participation in events, we assume that participants know how to swim and are aware of the usual dangers and risks of rowing training, which can include water training as well as general fitness and condition training on land, and that they can assess the personal limits of safe and healthy performance and do not go beyond them. We, as the organizer, assume no liability for any damage to boating equipment or for any injuries or accidents.
(2) Special cancellation conditions apply to events: Cancellations can be made free of charge up to two weeks before the start of the event. Only the fees for credit card payments will not be refunded. Cancellations up to 5 days before the start of the event will be refunded at 66%, cancellations after this date cannot be refunded for organizational reasons. Individual training sessions and One-On-One training sessions can be postponed or cancelled free of charge up to 48 hours before the start of the event, cancellations after that time will be refunded at 66%, no-shows will not be refunded.
(3) Subscriptions can be cancelled monthly with 14 days notice. Unused units within a subscription expire. There is no right to be refunded proportionally or to be able to make up for them.
(4) Training plans remain the property of aramtraining. These may not be shared with others, nor is there any entitlement to shared training plans in document form after termination of a subscription.
§ 5 Prices, shipping costs and delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online store or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due immediately.
(3) In addition to the prices indicated, shipping costs may be incurred for the delivery of products, unless the respective item is indicated as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.
(4) All offered products are ready for shipment immediately (delivery time: 5-7 days (not including customs) after receipt of payment), unless clearly stated otherwise in the product description.
(5) The delivery takes place worldwide.
§ 6 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
§ 7 Right of revocation
As a consumer you have a right of withdrawal. This is governed by our cancellation policy.
§ 8 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts shall be limited to intent or gross negligence.
(2) We shall be liable without limitation for slight negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the damage typically foreseeable under the contract. An essential contractual obligation is an obligation the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and the compliance with which you may regularly rely on. This includes in particular our duty to act and to fulfill the contractually owed performance, which is described in § 3.
§ 9 Contract language
German and English are available as contract languages.
§ 10 Warranty
(1) The warranty shall be governed by the statutory provisions.
(2) With respect to entrepreneurs, the warranty period on delivered items is 12 months.
(3) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.
§ 11 Final Provisions
(1) Austrian law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered office.
(4) Should parts of the provisions stated in these General Terms and Conditions unexpectedly violate mandatory law, the other parts shall remain unaffected and continue to be valid.