§ 1 General
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.
Any 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
The present 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 optimizations, the marketing and mediation of products and services in the sports and nutrition area, the trade of sports articles, sports material, sports equipment, nutritional supplements and medical devices, the production of special parts in the sports area and the development and production of nutritional and nutritional supplements and textiles as well as all related activities.
§ 3 Personal data
The client agrees to the storage of his personal data within the scope of the legal regulations. The client agrees to receive information and advertising material (exclusively from TRAINALYZED GmbH) until the time of a personal revocation. The client can withdraw his consent at any time and without giving reasons.
The obtained (test) results, medical data, produced protocols and expert opinions as well as 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 will be stored on a client-specific basis. The data obtained also contribute to improving the service quality of TRAINALYZED GmbH. For this purpose, the data is then stored anonymously and aggregated (not customer-specific) by TRAINALYZED GmbH.
The contractor is obliged to maintain confidentiality towards third parties.
Should TRAINALYZED GmbH intend in the future to pass on the collected data to third parties or cooperation partners, this requires the prior, express, written consent of the client.
§ 4 Conclusion of contract
The offers of TRAINALYZED GmbH on its Internet pages represent a non-binding invitation to the customer to order goods and/or services from TRAINALYZED GmbH.
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 a button such as "Book", the customer makes a binding offer to conclude a purchase contract. The purchase contract is concluded in the case of the purchase of a service 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.
§ 5 Remuneration
The amount of remuneration shall be based on the agreements made between the parties.
In case of doubt, the remuneration is due immediately after the provision of services by TRAINALYZED GmbH without deduction. If the service consists of the provision of training advice or ongoing training planning, the remuneration is due on the 5th of the current training month.
The invoice will be issued in writing. If the invoice specifies a different due date by calendar day, this day shall be decisive.
§ 6 Duties of the Client
The client is obliged to cooperate as far as it is necessary for the fulfillment of the order. This includes in particular:
- truthful completion of the provided questionnaires and medical history forms
- Indication of previous illnesses/allergies etc., if not already done
- Provision of training, competition and diagnostic data as far as already available and requested by the contractor
- The client shall refrain from anything that could impair the proper execution of the order.
§ 7 Time of performance
The dates specified by the client when booking diagnostic examinations are subject to confirmation by TRAINALYZED GmbH. In this context, TRAINALYZED GmbH reserves the right, if necessary, to set another date that is reasonable for the contractor and the client.
The start of the training consultation or planning is agreed between the parties individually and is based on the start date requested by the client.
The fulfillment of the service obligations of TRAINALYZED GmbH requires the timely and proper fulfillment of the obligations of the client as a contractual partner.
All questionnaires/forms and other required information necessary for the fulfillment of the service are to be completed and/or submitted by the client at least 48 hours before the agreed date.
In the case of purchase of goods, the Customer's obligations include, if necessary, the written transmission of the information required to specify the goods in more detail, e.g. information on body measurements when ordering clothing.
The delivery of items/goods is carried out by shipment from the warehouse to the delivery address provided by the Customer.
Information on delivery times for items/goods is non-binding, unless the delivery date has been bindingly agreed in writing by way of exception. Each delivery is subject to the proviso that TRAINALYZED GmbH itself is supplied on time and in the correct manner.
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 about the unavailability and reimburse the client for any payments already made without delay.
§ 8 Prevention and cancellation
In case 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 staggered basis 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
- If the contractor is prevented from attending at short notice and the training/measure has to be cancelled as a result, no claims for compensation can be asserted against the contractor. If training units/measures have already been paid for, these will be credited or (proportionately) refunded.
§ 9 Termination
If a flexible contract term has been contractually agreed upon or if the contract has been concluded for an indefinite period of time, the Customer may terminate the contract in writing at any time on a monthly basis at the end of the next calendar month. The right of mutual termination without notice for good cause shall not be affected by this.
§ 10 Retention of title
If the service is the sale and delivery of goods, the ordered goods remain the property of TRAINALYZED GmbH until the purchase price has been paid in full.
§ 11 Right of revocation
§ 11.1 Cancellation policy
You may revoke your contractual declaration in writing (e.g. letter, fax, e-mail) within two weeks without stating reasons or - if the goods are delivered to you before the deadline - by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and in 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.
The timely dispatch of the revocation or the item shall be sufficient to comply with the revocation period, insofar as the services consist in the surrender of items. The revocation is to be addressed to: TRAINALYZED GmbH, August-Bebel-Strasse 27, 14482 Potsdam, Germany
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back to: TRAINALYZED GmbH | August-Bebel-Straße 27 | 14482 Potsdam | Germany | info@trainalyzed.com)
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/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 case of notification on paper)
- Date
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(*) Delete as applicable.
§11.2 Consequences of cancellation
If you revoke 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 no later than within fourteen days from the day on which we received the notification of your revocation 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.
You must return or hand over the goods to us (TRAINALYZED GmbH, August-Bebel-Strasse 27, 14482 Potsdam) without delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiration of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay 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 checking the condition, properties and functioning of the goods.
Goods that can be sent by parcel post are to be returned at our risk. You have to bear the cost of return if the delivered goods ordered and if the price returned the case of an amount not exceeding 50 euros or if you are at a higher price the thing at the time of the revocation yet the return or a contractually agreed partial payment. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you.
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 right of revocation
A right of revocation does not exist for goods that have been manufactured according to customer specifications or are clearly tailored to personal needs.
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.
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.
Your right of revocation 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 our commencing performance of the contract prior to the expiry of the revocation period and you have confirmed your knowledge that by consenting you lose your right of revocation upon commencement of performance of the contract.
Your right of revocation shall expire prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of revocation.
§ 12 Health Suitability
The examinations or training programs and exercises carried out by TRAINALYZED GmbH partly require a maximum physical effort and thus lead to a strong physical strain. Participation in examinations or training programs and exercises is in any case voluntary and at your own risk. The prerequisite for participation in performance diagnostic examinations is therefore health and physical fitness for these measures.
Prior to the start of support, the Contractor shall endeavor to assess the Client's state of health by means of tests, anamnesis interviews and completion of anamnesis questionnaires. Provided that the answers are truthful, these do not replace a medical assessment of the state of health. Therefore, TRAINALYZED GmbH does not guarantee 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 assumes no liability for any damage to the health of the client.
In case of any signs of negative health effects of the training, it must be discontinued and a doctor must be consulted immediately.
§ 13 Liability and warranty
TRAINALYZED GmbH, its legal representatives, vicarious agents and employees shall only be liable for damage caused intentionally or by gross negligence, unless such damage relates to material contractual obligations, injury to life, limb or health, or if 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.
The trainings, tests or other related measures supervised by TRAINALYZED GmbH can lead to higher physical stress. Participation is voluntary at all times and 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. There is also no liability for services of third parties arranged by TRAINALYZED GmbH.
In case of non-compliance with the traffic regulations or house rules of external sports facilities, the contractor assumes no liability for any damage incurred.
In case of participation of minors in measures to be carried out by TRAINALYZED GmbH, the legal guardians are responsible for the supervision and have to ensure sufficient supervision. The contractor does not assume any guarantee or liability for this.
Despite TRAINALYZED GmbH taking the greatest care in carrying out the training-related measures, TRAINALYZED GmbH does not guarantee that the details/advice/information provided by it are correct and that the effect intended by the measures will occur. A lack of success in the client's training does not constitute a defect in the contractor's performance.
For the goods delivered by TRAINALYZED GmbH, the latter 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 if TRAINALYZED GmbH cannot be proven to have acted with intent or gross negligence.
§ 14 Rental transactions
§ 14.1 Contractual partners and term of contract
§ 14.1.1 Contractual partners
The contracting parties are the Lessee (hereinafter referred to as "Lessee") and TRAINALYZED GmbH, August-Bebel-Strasse 27 | 14482 Potsdam | Germany (hereinafter referred to as "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 event 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.
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 Term of contract and liability for default
The rental agreement for the rental equipment is concluded for a period selected at the time of rental.
If there is a delay in returning the equipment, the rental agreement shall be extended by 7 days.
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 fee 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.
The assertion of further damages is not excluded if the lessee is responsible for the delay.
§ 14.1.3 Early return
If a Lessee returns the rental equipment before the contractually agreed end of the rental period, he shall not be entitled to a refund of the difference.
The right to extraordinary termination for good cause shall remain 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 unauthorized use
The Lessor shall make the rental equipment available to the Lessee in a proper and serviceable condition as well as cleaned.
The Lessee confirms that he has familiarized himself with the operation of the rental equipment and with the technical devices.
The lessee is obliged to use the rental equipment carefully and professionally.
The renter is prohibited from using the rental equipment under the influence of drugs or alcohol.
Modifications and other interventions on the rental equipment are prohibited.
§ 14.2.2 Obligation to notify
Should damage occur during use, whether due to fault or not, the Lessee shall notify the Lessor of such damage without delay. In doing so, the Lessee shall be obliged to inform the Lessor of all details of the occurrence of the damage.
If damage results in the rental equipment no longer being fit for use, Lessor shall provide Lessee with an equivalent rental equipment as a replacement. A liability according to clause 3. remains unaffected.
§ 14.2.3 Exchange
In case of exchange of the rental equipment, the Lessor is entitled to charge one month's rent, unless the exchange is based on a defect already existing at the time of handover.
In case of change to a higher price category, the difference amount is to be paid.
If the change is made to a lower category, there is no right to a refund of the difference.
§ 14.2.4 Duty to report theft and accident
In the event of theft or accident, the Lessee shall immediately notify or call in the Lessor. Otherwise, the Lessee shall be liable to the Lessor for any damage resulting from the breach of this obligation.
§ 14.2.5 Return
The Lessee shall be obliged to return the rental equipment at the end of the rental agreement basically in the same condition in which it was handed over to him, apart from usual soiling.
The return of the rental equipment shall take place on the last rental day by means of parcel shipment.
The final cleaning is included in the rental price.
§ 14.3 Liability of the Lessee for damage and loss
§ 14.3.1 General liability of the Lessee
The Lessee shall be liable to the Lessor for negligent and intentional damage, loss and/or breaches of other contractual obligations occurring during the rental period.
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 a prolonged repair, the Lessee shall be liable for each day of repair (guideline price extension month).
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.
In case of intentional or grossly negligent damage, the lessee is liable in particular for repair costs and spare parts.
Further damages remain unaffected.
§ 14.3.2 Liability for theft
The Lessee shall also be liable to the Lessor for theft or other loss of the rental equipment. In case of theft and loss, the Lessee shall be liable up to the amount of the current price of the Lessor's sales list. This limitation of liability does not apply if the Lessee caused the damage intentionally or through gross negligence.
§ 14.3.3 Reimbursement of the liability sum
If the rental equipment is recovered after theft, the Lessor shall reimburse the Lessee for the liability sum pursuant to Section 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 specialist and, if necessary and as a gesture of goodwill, shall inform the Lessee of the basis for the decision.
§ 14.3.4 Additional equipment
All rental equipment is equipped with the necessary accessories for use. Missing parts must be paid for by the Lessee upon return.
§ 14.4 Insurance
The Lessor shall take out equipment insurance for the rental equipment against equipment breakage and natural hazards. The flat rate of the equipment insurance is included in the rental price.
The liability risk of the Lessee is not insured. A liability protection exists only as far as this is required by law.
Damage to tires and other wear parts are excluded from the scope of insurance.
The renter's own contribution in the event of damage to rental equipment is 100 EUR.
The renter is liable without limitation for damage to the rental equipment caused negligently or intentionally.
§ 15 Final Provisions
Potsdam shall be the exclusive place of jurisdiction for all present and future claims arising from the business relationship.
If these General Terms and Conditions of Business have not become part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective.
Insofar as the provisions have not become an integral part of the contract or are ineffective, the content of the contract shall be governed by the statutory provisions, in particular those of the German Civil Code.
Subsidiary agreements and supplements to the contract require the written confirmation of the Contractor.