Koelbel Trainings Research Terms
Shopping at Koelbel is pure pleasure. It is clear, interesting and full of new findings. There is also no risk. "Without risk" means e.g. 30 days withdrawal when not successful with exercise machines although they have been used.
Look at our sites. Whether you buy anything or not. You benefit because we pass on sports science knowledge that many do not know. Surprise yourself by new developments and findings.
Behind the Koelbel Training Research, Koelbel GmbH and Gert F. Koelbel are more than 59 years of experience, many patent and intellectual property rights, lecturing at two universities and 14 developments that have been officially declared because of their national health benefits and their export eligibility for "economically valuable".
You'll also find our TERMS AND CONDITIONS. Many content and wording thereof are legally prescribed way. Our kindness we like to give one at that.
General terms and conditions and client information
1. Scope of Application
2. Conclusion of the Contract
3. Right to cancel
4. Price and Delivery Costs
5. Shipment and delivery conditions
6. Liability for defects
7. Law and jurisdiction
8. Information about online dispute resolution
1. Scope of Application
1.1. These Terms and Conditions of the company Koelbel Training Research, Koelbel GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or an trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
1.2. A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
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 by 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 virtual basket. The Client may also present the offer to the Seller by means of telephone, fax, e-mail, postal service.
2.3. The Seller may accept the Client's offer within five days
- by transferring a written order confirmation or an order conformation 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 Client is decisive, or
- by requesting the Client to pay after he/she placed his/her 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. The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on expiry of the fifth day following the sending of the offer
2.5. The contract’s content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract’s content will be stored on the Seller’s website and can be found by the Client in the customer login via the password-protected customer account, provided the Client has created a customer account in the online shop prior to submitting his order.
2.6. The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
2.7. The contractual language is English.
2.8. 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/she 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
Consumers are entitled to the right of cancellation. Detailed informations about the right of cancellation are provided in the Seller’s instruction on cancellation.
4. Price and Delivery Costs
4.1. Unless otherwise stated in the product descriptions, prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
4.2. For deliveries to countries outside the European Union, additional costs may arise which are beyond the Seller’s control. They shall be borne by the Client. Such costs are for example money transfer costs (transfer fees, exchange rate charges) or customs duties or import taxes.
4.3. Payment can be made using one of the methods mentioned in the Seller’s online shop .
4.4. If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.
5. Shipment and delivery conditions
5.1. Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless otherwise agreed.
5.2. Should delivery to the Client not be possible, the assigned transport company returns the goods to the Seller and the Client bears the cost for the unsuccessful dispatch. This shall not apply if the Client is not responsible for the event that entails the impossibility of delivery, or if he/she has been temporarily impeded to receive the ordered goods, unless the Seller has given notice to the Client in an adequate period of time prior to the delivery.
5.3. The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client when they come into the physical possession of the Client or a person identified by the Client to take possession of the goods. . Should the Client act as a trader, the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller's place of business.
5.4. The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client without delay and payments made by the Client will be immediately refunded.
6. Liability for defects
6.1. The statutory consumer rights will apply.
6.2. If the Client is a consumer and he uses his short-term right to reject the product, he has to return the product at his cost.
7. Law and jurisdiction
7.1. If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by British law excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
7.2. If a Client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties are governed by German law excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Seller is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
8. Information about online dispute resolution
The EU Commission provides on its website the following link to the ODR platform: http://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.
Privacy and data protection
We appreciate your visit to our website and thank you for your interest in our company, our products and our web pages. Protecting your privacy when using our web pages is important to us. Therefore, please take note of the following information:
1. Collection, processing and use of personal data
Basically, you may visit our website without us collecting any personal data from you. Personal data is only collected if you voluntarily disclose such data for the purpose of concluding a contract or opening a customer account. Without your explicit consent, this data is merely used for contract performance and processing your inquiries. Upon complete fulfillment of the contract and complete payment of the purchase price your data will be stored with care for tax and commercial law retention periods, to be deleted upon expiry of these periods.Furthermore, personal data is collected, if you subscribe to our e-mail newsletter. We use this data for our own advertising purposes in terms of our e-mail newsletter provided you have explicitly consented to it.You may unsubscribe from our Newsletter at any time using the respective link in the Newsletter or by sending us a message. Your e-mail address will be deleted immediately after unsubscribing.
2. Transfer of personal data
For the purpose of contract fulfillment, personal data collected by us is transferred to the transport company commissioned with the delivery, provided this is required for delivering the goods.
2.1. If delivery of the product takes place by the transport service provider (Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn), we pass your e-mail address to DHL with your express consent prior to the delivery of the product for the purpose of coordinating a date of delivery, as follows:"I agree that my e-mail address will be passed to DHL (Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn) to enable DHL to contact me per e-mail prior to the delivery of the product for the purpose of coordinating a date of delivery. I can withdraw my consent given to you at any time.”Otherwise, we only pass the name of the addressee and the delivery address to DHL. In this case, a preceding coordination about the date of delivery with DHL is not possible.
Among other things this website uses so-called "cookies” serving to make our Internet presence more user-friendly, effective and secure – for instance to accelerate navigation on our platform. Furthermore, cookies allow us to measure the frequency of website visits as well as general navigation. Cookies are small text files stored on your computer system. Please note that some of these cookies are transferred from our server to your computer system, mostly so-called "session cookies”. "Session cookies” are characterized by being automatically deleted from your hard drive upon the end of the browser session. Other cookies remain on your computer system and allow us to recognize your computer system during your next visit (so-called permanent cookies). You may certainly decline these cookies at any time provided your browser permits this. Please note that once your browser is set to decline cookies (from our website) certain features of this website may not be available or restricted.
4. Use of Google Adwords conversion-tracking
This website utilizes the online advertising program "Google AdWords” and the conversion tracking within the framework of Google AdWords. The conversion-tracking cookie is set on the user’s browser, if he clicks on an ad delivered by Google. Cookies are small text files, which the internet browser places on your browser. These cookies lose their validity after 30 days .They are not used to acquire personal identification data. If the user visits a certain page of this website and if the cookie has not yet expired, Google and we will be able to tell that the user clicked on the ad and was forwarded to this page. Each Google AdWords client gets a different cookie. Thus, cookies cannot be tracked via the website of AdWords clients. The information collected by the conversion cookies are used to provide aggregate conversion statistics to AdWord clients who have opted-in for conversion tracking. Clients are informed about the total number of users who clicked on the ad and were forwarded to a conversion tracking tag page. However, they do not get any information enabling them to identify users personally. If you do not want to participate in the tracking program, you can refuse the use of this program by easily deactivating the google conversion-tracking cookie via your internet browser through the user settings. In this case, you will not be included in the conversion tracking statistics. Further information concerning Google data privacy can be found at http://www.google.de/policies/privacy/
5. Social Plugins
5.4. On our website so called social plug-ins ("plugins” of the social network Pinterest are applied, which are operated by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA ("Pinterest" The plug-ins can be recognized by the button "Pin-it” on our website.If you request a page of our website, which contains such a plug-in, your browser will build up a direct connection to the servers of Google. The content of the plug-in will be directly transmitted from Pinterest to your browser, which will integrate it into the website. By integrating the plug-in, Pinterest obtains the information that your browser has accessed on the corresponding page of our website, even if you do not have a Pinterest account or if you are not logged into Pinterest currently. This information (including your IP address) is transferred to and stored on a server operated by Pinterest in the USA.If you are logged in with Pinterest, it will be able to assign your visit of our website to your Pinterest account. If you interact with the plug-ins, such as pressing the "Pin-it” button, the corresponding information is sent directly to Pinterest and will be stored there. The information is also posted on Pinterest and can be seen by your contacts.
For information on the purpose and extent of data capture and the further processing and use of data by Pinterest, as well as your rights in this regard and turn-off options for the protection of your personal privacy, please refer to the Google data protection information: http://about.pinterest.com/de/privacy-policyIf you do not want Pinterest to collect data about you via our internet website and to link this with your data stored on Pinterest, you need to log off from Pinterest before going to our website.
6. Web analysis service
6.1. This website uses Google Analytics, a web analysis service of Google Inc. ("Google”). Google Analytics uses so-called Cookies, text files which are stored on your computer and which enable you to conduct an analysis of the use of the website. The information generated by the cookies about your use of the website will normally be transmitted to a server in the US, where it is stored.In the case of activating an IP anonymizer for this website, your IP address will however be abbreviated by Google within the member states of the European Union or within other member states to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address will be transmitted to a server in the US, where it is abbreviated. On behalf of the website operator, Google will use this information to evaluate your use of the website, to compile reports on website activities and to provide further services connected to the website use and the internet use for the benefit of the website operator.The IP address transmitted by your browser in the context of Google Analytics will not be linked to other data retrieved by Google. You may prevent the storage of cookies by making the appropriate settings in your browser. However, we should point out that in that case you might not be able to use the full functionality of this website. You may permanently refuse Google to collect data generated by cookies regarding the use of the website (including your IP address) and to process them by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en.As an alternative to the browser plugin or for browsers regarding mobile devices, please click on the following link in order to set an opt-out cookie, which disables Google Analytics to collect data on this website in the future (this opt-out cookie only functions for this browser and this domain. If you delete your cookies on this browser, you have to click again on this link: Google Analytics deaktivieren.Please note, this website uses Google Analytics with the extension "_anonymizeIp()". IP addresses will therefore be processed only in abbreviated form to prevent them from being directly linked to a particular individual.
This website uses retargeting technology of Google Inc. ("Google”). This technology enables us to target visitors of our website with interest-based ads who already have shown interest in our shop and in our products. The ads are displayed by using a cookie-based analysis of the previous usage data. Personal data will not be stored. In the case of retargeting technology, a cookie will be stored on your computer or your mobile devices in order to collect anonymized date about your interests and adapt ads specifically according to the stored information. Cookies are small text files stored on your computer or your mobile devices. They help us to display ads, which are most likely to correspond to your product and information interests. You may permanently refuse the setting of cookies for advertisement purposes by downloading and installing the browser plug-in using the following link: http://www.google.com/privacy/ads/
8. Information on customer rights and contacts
You are entitled to obtain information on your saved data free of charge and to correct, block or delete this data where applicable. Please contact us with any further inquiries about the collection, processing or use of your personal data. The same shall apply for obtaining information, your requests to block, delete or correct your personal data as well as for withdrawals of granted consents. You can find our contact address in our legal notice.
Instructions for cancellation & cancellation form
Consumers, i.e. any individual acting for purposes which are wholly or mainly outside those individual’s trade, business, craft or profession, are entitled to cancel any contract on the following conditions:
A. Instruction for Cancellation
Right to Cancel
You have the right to cancel this contract within 30 days without giving any reason.
The cancellation period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us (Koelbel Training Research, Koelbel GmbH, Hans-Boeckler-Str. 36,30851 Langenhagen, Deutschland, Tel: +49-511-735200, Fax: +49-511-7243597, E-Mail:firstname.lastname@example.org) of your decision to cancel this contract by a clear statement (e.g. by mail, fax or email). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired
Effects of Cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as 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 the reimbursement. We may withhold 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 cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct 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
Exclusion and/or premature expiration of the right to cancel
The right of cancellation expires prematurely for contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
Please prevent damage to and contamination of the goods. Please return the goods, if possible, in the original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging providing adequate protection against potential transport damage. Please note that the above general information is not a precondition for effectively exercising your right to cancel.
B. Cancellation Form
If you wish to cancel this contract, please complete and submit this form.
Koelbel Training Research, Koelbel GmbH
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*)
Ordered on (*) ____________ / received on (*) __________________
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate