General terms and conditions
(1) All business relations between the Client and the Contractor are based on the following General Terms and Conditions. These are acknowledged by placing the order and also apply to future business relations.
(2) Deviations from these General Terms and Conditions and third-party terms and conditions are hereby rejected. They shall only apply after written confirmation by the contractor and, in case of doubt, shall only apply to the individual case.
§2 Scope of services
These General Terms and Conditions apply to contracts and measures of TRAINALYZED GmbH, the object of which is the provision of services in the sports and nutrition sector (training/competition), in particular the development and distribution of software and online applications, as well as the planning, evaluation, consulting, training and supervision of persons, the performance of performance, medical and functional diagnostics, biomechanical examinations as well as aerodynamic and biomechanical material and position optimisations, the marketing and brokerage of products and services in the sports and nutrition sector, the trade of sports articles, sports material, sports equipment, nutritional supplements and medical devices, the manufacture of special parts in the sports sector and the development and manufacture of nutritional and nutritional supplements and textiles as well as all related activities.
§ 3 Personal data
(1) The client agrees to the storage of his personal data within the framework of the statutory provisions. The client agrees to receive information and advertising material (exclusively from TRAINALYZED GmbH) until the time of a personal revocation. The client may withdraw his consent at any time and without stating reasons.
(2) The (test) results obtained, medical data, protocols and expert reports produced and other written statements may be used and stored by the contractor. If this data is used for the benefit of the respective client, the data shall be stored on a client-specific basis. The data obtained also helps to improve the service quality of TRAINALYZED GmbH. To this end, the data is then stored anonymously and aggregated (not on a client-specific basis) by TRAINALYZED GmbH.
(3) The contractor is obliged to maintain confidentiality towards third parties.
(4) Should TRAINALYZED GmbH intend to pass on the collected data to third parties or cooperation partners in the future, this requires the prior, express, written consent of the client.
§4 Conclusion of contract
(1) The offers made by TRAINALYZED GmbH on its Internet pages constitute a non-binding invitation to the client to order goods and/or services from TRAINALYZED GmbH.
(2) By ordering the desired goods and/or services by filling in and sending the online form on the internet, by e-mail, by fax, by telephone, by post or by clicking on a button such as "Book", the client makes a binding offer to conclude a purchase contract. In the case of the purchase of a service, the purchase contract comes into effect with the dispatch of our confirmation or, in the case of the purchase of goods, with the delivery of the goods or the dispatch of a confirmation by us.
(1) The amount of remuneration shall be based on the agreements made between the parties.
(2) In case of doubt, remuneration is due immediately after TRAINALYZED GmbH has provided the service, without deduction. If the service consists of the provision of training advice or ongoing training planning, remuneration shall be due on the 5th day of the current training month.
(3) Invoices shall be issued in writing. If the invoice specifies a different due date by calendar day, this day shall be decisive.
§6 Obligations of the client
(1) The client is obliged to cooperate insofar as this is necessary for the fulfilment of the order. This includes in particular:
- truthful completion of the questionnaires and medical history forms provided
- information on previous illnesses/allergies etc., if not already provided
- provision of training, competition and diagnostic data if already available and requested by the contractor
(2) The client must refrain from doing anything that could impair the proper processing of the order.
§ 7 Time of performance
(1) The dates specified by the client when booking diagnostic examinations require confirmation by TRAINALYZED GmbH. TRAINALYZED GmbH reserves the right to set a different date that is reasonable for the contractor and the client.
(2) The start of the training consultation or planning shall be agreed between the parties individually and shall be based on the start date requested by the client.
(3) Compliance with the service obligations of TRAINALYZED GmbH presupposes the timely and proper fulfilment of the client's obligations as a contractual partner. All questionnaires/forms and other information required to fulfil the service must be completed and/or submitted by the client at least 48 hours before the agreed date.
(4) In the case of the purchase of an item/goods, the customer's obligations include, if applicable, the written submission of the necessary information to specify the item/goods in more detail; e.g. information on body measurements when ordering clothing.
(5) The delivery of items/goods shall be effected by shipment ex warehouse to the delivery address notified by the customer.
(6) Information on the delivery periods for items/goods is non-binding unless, in exceptional cases, the delivery date has been bindingly agreed in writing. Each delivery is subject to TRAINALYZED GmbH itself being supplied in good time and in the correct manner.
(7) If, contrary to expectations, goods/items ordered by the client are not available for reasons for which TRAINALYZED GmbH is not responsible, TRAINALYZED GmbH reserves the right to withdraw from the contract. TRAINALYZED GmbH will inform the client immediately of the unavailability and reimburse any payments already made to the client without delay.
§8 Prevention and cancellation
(1) In the event of prevention, the client must cancel as soon as possible, at the latest 48 hours before the start of the training/measure. Otherwise the agreed fee will be charged on a sliding scale as follows:
- up to 24 hours before the start 50% of the agreed costs will be charged
- from 24 hours before the start 100% of the agreed costs will be charged
(2) If the contractor is prevented at short notice and the training/measure has to be cancelled as a result, no claims for compensation can be made against the contractor. If training units/measures have already been paid for, these will be credited or (proportionately) refunded.
If a flexible contract term has been contractually agreed or if the contract has been concluded for an indefinite period, the Client may terminate the contract in writing at any time on a monthly basis to the end of the next calendar month. The right of both parties to terminate the contract without notice for good cause shall not be affected by this.
§10 Retention of title
If the service consists of the sale and delivery of goods, the ordered goods shall remain the property of TRAINALYZED GmbH until the purchase price has been paid in full.
§ 11 Right of Withdrawal
§ 11.1 Cancellation Policy
(1) You may cancel your contractual declaration within two weeks without giving reasons in writing (eg letter, fax, e-mail) or - if the goods are delivered to you before the deadline - by returning the goods. The period begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and in the case of services as performance not before conclusion of the contract and also not before fulfillment of our obligations to provide information pursuant to §312c paragraph 2 BGB in conjunction with § 1 paragraph 1, 2 and 4 BGB-InfoV.
(2) The timely dispatch of the revocation or of the goods shall be sufficient to comply with the revocation period, insofar as the services consist in the transfer of goods. The revocation is to be sent to:
TRAINALYZED GmbH, David-Gilly-Straße 1 in 14469 Potsdam, Germany
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form.)
- To TRAINALYZED GmbH | David-Gilly-Straße 1 | 14469 Potsdam | Germany | firstname.lastname@example.org
I/we (*) hereby revoke 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 the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in the case of communication on paper)
(*) Delete as applicable.
§11.2 Cancellation Consequences
(1) If you cancel this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
(2) You must return or hand over the goods to us (TRAINALYZED GmbH, David-Gilly-Straße 1 in 14469 Potsdam) without delay and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functionality of the goods.
(3) Goods that can be sent by parcel post are to be returned at our risk. You shall bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 50 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you.
(4) If you have requested that an agreed service should begin during the revocation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of revocation with regard to this contract compared to the total scope of the services provided for in the contract.
§11.3 Exclusion of the right of withdrawal
(1) There is no right of withdrawal for goods that have been manufactured according to customer specifications or are clearly tailored to personal needs.
(2) A right of withdrawal is generally excluded for audio and video recordings (e.g. CDs, DVDs, CD-ROMs) as well as for software if you have already unsealed them.
(3) A right of withdrawal is generally excluded for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
(4) Your right of withdrawal shall expire prematurely in the case of a contract for the delivery of digital content not on a physical data carrier if you have expressly consented to us commencing performance of the contract before the expiry of the withdrawal period and you have confirmed your knowledge that by consenting you lose your right of withdrawal upon commencement of performance of the contract.
(5) Your right of cancellation shall expire prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of cancellation.
§ 12 Health suitability
(1) The examinations or training programmes and exercises carried out by TRAINALYZED GmbH sometimes require maximum physical effort and thus lead to severe physical strain. Participation in examinations or training programmes and exercises is in any case voluntary and at the participant's own risk. The prerequisite for participation in performance diagnostic examinations is therefore health and physical fitness for these measures.
(2) Before the start of support, the contractor shall endeavour to assess the client's state of health by means of tests, anamnesis interviews and completion of anamnesis questionnaires. Assuming the questionnaires are answered truthfully, however, they do not replace a medical assessment of the client's state of health. TRAINALYZED GmbH therefore accepts no responsibility for the suitability of the client for the measures to be carried out by the contractor. If there is any doubt about the health suitability of the client, a doctor must always be consulted. TRAINALYZED GmbH accepts no liability
for any damage to the client's health.
(3) If there are any signs of negative health effects from the training, it must be discontinued and a doctor consulted immediately.
§13 Liability and warranty
(1) TRAINALYZED GmbH, its legal representatives, vicarious agents and employees shall only be liable for damage caused intentionally or by gross negligence, unless it relates to material contractual obligations, injury to life, limb or health or a defect was previously fraudulently concealed which then led to damage. In addition, liability shall be limited to such damages as were foreseeable and typical at the time of conclusion of the contract.
(2) The training sessions, tests or other related measures supervised by TRAINALYZED GmbH may lead to increased physical strain. Participation is voluntary at all times and is at the client's own risk. You are responsible for any damage caused to yourself or others. This also applies to such damages that are due to stress or pre-existing illnesses/conditions of the client and were not previously communicated by the client. TRAINALYZED GmbH is also not liable for services provided by third parties.
In the event of non-compliance with the road traffic regulations or house rules of external sports facilities, the contractor accepts no liability for any damage incurred.
(3) If minors participate in measures to be carried out by TRAINALYZED GmbH
, their legal guardians are responsible for supervising them and must ensure that they are adequately supervised. The contractor shall not accept any guarantee or liability for this.
(4) Despite TRAINALYZED GmbH taking the greatest care in carrying out the training-related measures, TRAINALYZED GmbH accepts no responsibility whatsoever for ensuring that the details/advice/information it provides is correct and that the measures have the intended effect. Failure of the client to benefit from the training shall not constitute a defect in the contractor's performance.
(5) For the goods supplied by TRAINALYZED GmbH, this
shall only assume warranty and liability to the extent that the respective manufacturer of the goods assumes warranty and liability. Further claims for damages of any kind are excluded unless TRAINALYZED GmbH can be proven to have acted with intent or gross negligence.
§ 14 Rental transactions
§ 14.1 Contractual Partner and Term ofContract
§ 14.1.1 Contractual Partner
(1) The contractual partners are the Lessee (hereinafter "Lessee") and TRAINALYZED GmbH, David-Gilly-Straße 1 | 14469 Potsdam | Germany (hereinafter "Lessor"). Upon delivery of a rental item of the Lessor (hereinafter "Rental Equipment"), a contract is created between the Lessee and the Lessor. In the case of a booking via the website https://trainalyzed.com, the provisions of the General Terms and Conditions of TRAINALYZED GmbH shall apply to the conclusion of the contract and the online booking per se. For the rental of the rental equipment and the resulting rights and obligations, on the other hand, these rental conditions apply.
(2) The lessor is obliged to provide the lessee with a rental device in a usable condition for the duration of the contract. The lessee is obliged to pay the agreed rental price upon conclusion of the contract. The prices valid at the time of rental shall apply.
§14.1.2 Duration of Contract and Liability for Delay
(1) The rental contract for the rental equipment is concluded for a period selected at the time of rental.
(2) If there is a delay in returning the equipment, the rental contract shall be extended by 7 days.
(3) (3) If the lessee does not return the rental equipment to the lessor at the end of the agreed rental period - even if this is not his fault - the lessor is entitled to demand a fee as compensation for use for the duration of the withholding. This charge shall amount to 50% of the original invoice amount for a previously agreed rental period of up to 14 days, otherwise to 50% of the agreed monthly rent. The corresponding late fees are shown on the invoice.
(4) The assertion of further damages is not excluded if the lessee is responsible for the delay.
§ 14.1.3 Early return
(1) If a lessee returns the rental equipment before the contractually agreed end of the rental period, he/she shall not be entitled to a refund of the difference.
(2) The right to extraordinary termination for good cause remains unaffected.
§14.2 Use and return of the rental equipment / notification of damage and other obligations
§ 14.2.1 Condition of the rental equipment and unauthorised use
(1) The Lessor shall make the rental equipment available to the Lessee in a proper and serviceable condition and cleaned.
(2) The lessee confirms that he/she has familiarised himself/herself with the operation of the rental equipment and with the technical devices.
(3) The lessee is obliged to use the rental equipment carefully and professionally.
(4) The lessee is prohibited from using the rental equipment under the influence of drugs or alcohol.
(5) The lessee is prohibited from making any modifications or other interventions on the rental equipment.
§14.2.2 Duty of notification
(1) If damage occurs during use, whether through fault or not, the lessee shall notify the lessor of such damage without delay. In doing so, the lessee has the duty to inform the lessor of all details of the occurrence of the damage.
(2) If damage results in the rental equipment no longer being fit for use, the lessor shall provide the lessee with an equivalent rental equipment as a replacement. Liability in accordance with clause 3 remains unaffected.
(1) If the rental equipment is exchanged, the Lessor is entitled to charge one month's rent, unless the exchange is based on a defect already present at the time of handover.
(2) In the event of a change to a higher price category, the difference must be paid.
(3) If a change is made to a lower category, there is no entitlement to a refund of the difference.
§14.2.4 Duty to report theft and accident
(1) In the event of theft or accident, the Hirer must immediately notify the Rental Firm or call it in. Otherwise, the Hirer shall be liable to the Rental Firm for any damage resulting from the breach of this obligation.
§ 14.2.5 Return
(1) The Hirer is obliged to return the rental equipment at the end of the rental contract in the same condition in which it was handed over to him/her, apart from usual soiling.
(2) The return of the rental equipment shall take place on the last rental day by means of parcel post.
(3) Final cleaning is included in the rental price.
§14.3 Lessee's liability for damage and loss
§ 14.3.1 General liability of theLessee
(1) The Lessee is liable to the Lessor for negligent and intentional damage, loss and/or breaches of other contractual obligations occurring during the rental period.
(2) If, as a result of damage to the rental equipment for which the lessee is responsible, there is a concrete loss of rental income due to prolonged repairs, the lessee shall be liable for each day of repair (guideline price extension month).
(3) In the event of destruction of the rental equipment, liability shall be measured according to the current price of the corresponding rental equipment according to the current sales price list of the Lessor.
(4) In the event of wilful or grossly negligent damage, the lessee shall be liable in particular for repair costs and spare parts.
(5) Further damages remain unaffected.
§14.3.2 Liability in the event of theft
(1) The Hirer shall also be liable to the Rental Firm for theft or other loss of the hired equipment. In the event of theft and loss, the Hirer shall be liable up to the amount of the respective current price of the Rental Firm's sales list. This limitation of liability shall not apply if the Hirer has caused the damage intentionally or through gross negligence.
§ 14.3.3 Reimbursement of the liability sum
(1) Should the rental equipment be recovered after theft, the Lessor shall reimburse the Lessee for the liability sum in accordance with clause 3.2, provided that in this case the rental equipment is still in a condition in which the Lessor can continue to rent it out at its reasonable discretion. The Lessor shall exercise the reasonable discretion from the point of view of a professional and, if necessary and as a gesture of goodwill, shall inform the Lessee of the basis for the decision.
§ 14.3.4 Additional equipment
(1) All rental equipment is equipped with the necessary accessories for use. Missing parts must be paid for by the hirer on return.
(1) The Rental Firm shall take out equipment insurance for the rental equipment against equipment breakage and natural hazards. The flat rate for the equipment insurance is included in the rental price.
(2) The liability risk of the Hirer is not insured. Liability cover is only provided insofar as this is required by law.
(3) Damage to tyres and other wear parts are excluded from the scope of insurance.
(4) The renter's own contribution in the event of damage to rental equipment is EUR 100.
(5) The renter is liable without limitation for damage to the rental equipment caused negligently or intentionally.
§ 15 Final Provisions
(1) The exclusive place of jurisdiction for all present and future claims arising from the business relationship is Potsdam.
(2) If these General Terms and Conditions have not become part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective.
(3) Insofar as the provisions have not become an integral part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions, in particular those of the German Civil Code.
(4) Subsidiary agreements and additions to the contract require the written confirmation of the Contractor.