General business conditions

This information is only available in German at this time.

Allgemeine Geschäftsbedingungen

der bellicon Schweiz AG, Stand: November 2018

1. ALLGEMEINES

Die vorliegenden Geschäftsbedingungen sowie die dazugehörenden Anhänge regeln die Verhältnisse zwischen bellicon Schweiz AG (nachfolgend bellicon genannt) und deren Kunden (nachfolgend Kunde genannt) abschliessend, und finden auf allen Bestellungen des Kunden bei bellicon Anwendung. Abreden, die von diesen AGB abweichen, bedürfen zu ihrer Gültigkeit der Schriftform. Diese Bedingungen treten sofort in Kraft und ersetzen die bisherigen.

2. AUFTRÄGE

Die Auftragserteilung des Kunden gilt als Anerkennung dieser AGB und den entsprechenden Lieferbedingungen. Die Aufträge werden schnellstmöglich, unter Vorbehalt der Liefermöglichkeiten, ausgeübt. Eine Verpflichtung zur Einhaltung von Lieferterminen kann nicht angenommen werden.

3. LIEFERUNGEN

Die Lieferungen erfolgen auf Rechnung und Gefahr des Kunden. Allfällige Transportschäden sind bei Erhalt schriftlich auf dem Original Lieferschein festzuhalten (siehe Punkt 9).

4. PREISE

Alle Preise verstehen sich rein netto in Schweizer Franken gemäss unseren aktuellen Preislisten. Die gültigen Preislisten von bellicon Schweiz AG, bilden einen integrierten Bestandteil dieser AGB. Preisanpassungen bleiben jederzeit vorbehalten.

5. ZAHLUNGSKONDITIONEN

Alle Rechnungen von bellicon sind innerhalb von 14 Tagen nach Rechnungsdatum rein netto zur Zahlung fällig. Unberechtigte Abzüge werden nachträglich verrechnet.

6. ZAHLUNGSVERZUG

Zahlungen dürfen wegen Beanstandungen, Ansprüchen u.s.w des Kunden nicht zurückgehalten oder gekürzt werden. Der Kunde gerät mit Ablauf der Zahlungsfrist ohne Mahnung in Verzug. bellicon behält sich das Recht vor, ab dem 1. Verzugstage bis zum Datum des Zahlungseinganges einen Verzugszins von 7% geltend zu machen, und in Rechnung zu stellen. Wiederholfälle werden zukünftig nur noch gegen Vorauszahlung oder Nachnahme beliefert.

7. LIEFERFRISTEN

bellicon versucht, die von ihr genannten und sorgfältig berechneten Lieferfristen auch unter nicht voraussehbaren Schwierigkeiten einzuhalten. bellicon kann dafür jedoch keine bindenden Zusicherungen abgeben. Teillieferungen sind zulässig. Schadenersatzansprüche durch den Kunden bedingt durch Lieferverzögerungen sind unzulässig.

8. HÖHERE GEWALT

In allen Fällen höherer Gewalt ist bellicon von der Einhaltung der Lieferfristen entbunden, ohne dass dem Kunden das Recht zusteht, vom Vertrag zurückzutreten und- / oder Schadenersatzansprüche geltend zu machen.

9. BEANSTANDUNGEN

Beanstandungen sind vom Kunden innert 8 Tagen nach Empfang der Ware detailliert und in schriftlicher Form anzubringen. Bei begründeter Beanstandung leistet bellicon Ersatz durch kostenlose Instandstellung, erforderlichenfalls durch Ersatzlieferung. Alle weitergehenden Ansprüche sind ausdrücklich ausgeschlossen. Allfällige Transportschäden sind bei Erhalt, schriftlich auf dem Original Lieferschein festzuhalten. Der Original Lieferschein ist uns anschliessend mit schriftlicher Begründung sofort zuzustellen. Ohne diesen Beweis wird jegliche Haftung abgelehnt.

10. RÜCKSENDUNGEN

Jegliche Rücksendungen sind nur in der Originalverpackung zulässig und sind vorgängig mit einem zuständigen Mitarbeiter von bellicon abzusprechen. In jedem Fall ist die Rechnungsnummer und / oder Lieferscheinnummer anzugeben. Werden an die Adresse von bellicon Produkte ohne gegenseitig getroffene Vereinbarung zugestellt, werden diese Waren auf Kosten des Kunden retourniert.

11. GARANTIE

bellicon gewährt Garantie innert 24 Monate ab Lieferdatum ab Lager, auf allenfalls entstandene Mängel, die nachweisbar ihre Ursachen in Materialfehlern haben. Auf Stahlrahmen und Beine gewährt bellicon eine Garantie von 3 Jahren. Die Edelstahlrahmen und dessen Beine eine Garantie von 5 Jahren. Auf Stahlfedern und Gummiseilringe gewährt bellicon eine Garantie von 6 Monaten bei privater Nutzung, und 3 Monate bei gewerblicher Nutzung. Auf Matten eine Garantie von 3 Jahren. Diese Gerätebestandteile sind Verschleissartikel und können bei übermässiger- oder falscher Beanspruchung bereits innerhalb weniger Monate zur Erneuerung fällig werden. Die Garantie erstreckt sich auf eine kostenlose Instandstellung oder Ersatzlieferung. Alle darüber hinausgehenden Ansprüche werden abgelehnt. Der Garantieanspruch erlischt bei unsachgemässer Handhabung des Artikels.

12. HAFTUNG

bellicon haftet nur für direkten Schaden und nur, wenn der Kunde nachweist, dass dieser durch grobes Verschulden von bellicon oder der von bellicon beauftragten Dritten verursacht wurde. Die Haftung ist auf den Preis der jeweiligen Lieferung / Dienstleistung beschränkt. Jede weitergehende Haftung von bellicon, deren Hilfspersonen und der von bellicon beauftragten Dritten für Schäden aller Art ist ausgeschlossen. Insbesondere hat der Kunde in keinem Fall Anspruch auf Ersatz von Schäden, die nicht am Produkt selbst entstanden sind, wie namentlich Folgeschäden (z.b. Verlust von Aufträgen, entgangenem Gewinn sowie anderen indirekten Schäden).

13. EIGENTUMSVORBEHALT

Bis zur vollständigen Bezahlung des Kaufpreises bleiben die Produkte im Eigentum von bellicon, welche berechtigt ist, ihren Eigentumsvorbehalt im zuständigen Register eintragen zu lassen. Der Kunde verpflichtet sich, auf Verlangen von bellicon umgehend sein schriftliches Einverständnis zur Eintragung eines Eigentumsvorbehaltes in allen für die Eintragung wesentlichen Punkten zu geben (vgl. Art. 4 Abs. 4 der Verordnung des Bundesgerichtes). Der Kunde ist zudem verpflichtet, bei Massnahmen zum Schutz des Eigentums von bellicon zu helfen.

14. ERFÜLLUNGSORT UND GERICHTSSTAND

Die Einzelverträge sowie die AGB unterstehen ausschliesslich schweizerischem Recht unter ausdrücklichem Ausschluss von staatsvertraglichen Normen, insbesondere des Wiener UN. Der Gerichtsstand für alle sich aus den vertraglichen Beziehungen unmittelbar oder mittelbar ergebenden Streitigkeiten befindet sich bei den zuständigen Gerichten des Sitzes von bellicon. bellicon ist berechtigt, den Kunden auch am ordentlichen Gerichtsstand zu belangen.

Luzern, 01. November 2018

of beniro Deutschland GmbH, last amended: July 2022

1. General

(1) These General Business Conditions apply to all contracts, deliveries and other services of beniro Deutschland GmbH, Schanzenstraße 6-20, 51063 Köln-Mülheim (hereinafter referred to as the Seller) with private and commercial end customers (hereinafter referred to as the "Customers"). Deviating regulations of the Customers shall not apply unless the Seller has confirmed this in writing. Individual agreements between the Seller and the Customers shall always take precedence.

(2) These terms and conditions expressly do not apply to sales partners and wholesale customers of the Seller; these are exclusively subject to the distributor’s terms and conditions of sale.

(3) The business relations between the Seller and the Customers are subject to the law of the Federal Republic of Germany. In the case of Consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the Consumer has his habitual residence is not withdrawn. The validity of UN sales law is excluded.

(4) The contract text is not recorded by the Seller after the conclusion of the contract in the online shop and is therefore not accessible.

(5) The place of jurisdiction shall be Cologne (Germany) if the Customer is a merchant or a legal entity under public law or a special fund under public law. The same shall apply if a Customer does not have a general place of jurisdiction in Germany or if the place of residence or usual abode is not known at the time a claim is filed.

(6) Customers have the option of using alternative online dispute resolution. The following link of the EU Commission (also called OS platform) contains information on online dispute resolution and serves as a central point of contact for out-of-court settlement of disputes arising from online sales contracts: https://ec.europa.eu/consumers/odr.

(7) Duty to provide information pursuant to the Consumer Dispute Resolution Act (§ 36 VSBG): The Seller is neither willing nor obliged to participate in further dispute resolution proceedings before a consumer arbitration board.

2. Contents and Conclusion of Contracts

(1) The Seller offers Customers the opportunity to purchase various products in its online shop (Trampoline Shop) at https://www.bellicon.com and from its mail order catalogue, above all mini trampolines, for purchase. The Seller will execute deliveries, subject to the provisions of section (3) to buyers in the following countries: Germany, The Netherlands, France, Belgium, Bulgaria, Denmark, Estonia, Finland, Greece, Great Britain, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic and Hungary.

(2) Prices quoted in the online shop or in the mail order catalogue do not constitute an offer within the meaning of the law, but an invitation to submit an offer (invitatio ad offerendum). Prior to submitting a binding order in the online shop, the Customer is able to continuously correct all inputs by means of the customary touch screen, keyboard and mouse functions. In addition, all inputs are displayed again in a confirmation window prior to the submission of the binding order can be corrected there again by means of the customary touch screen, keyboard and mouse functions.

The purchase contract is concluded in the online shop as follows (for the availability of payment methods, see below Point 4.):

a) If the Customer has chosen the payment method “PayPal”, the purchase contract is concluded at the time of confirmation of the payment order to PayPal.

b) If the Customer has chosen payment by “Klarna Pay Now”, the contract is concluded at the time of confirmation of the payment instruction to Klarna.

c) If the Customer has chosen the payment method “iDEAL”, the contract is concluded at the time of confirmation of the payment order to iDEAL.

d) In all other cases, the purchase contract is concluded upon acceptance of the Customer's order by the Seller. The Seller is entitled to accept the offer that has been submitted in the form of the order within 3 (three) days by dispatching an order confirmation.

Receipt and acceptance of the order will be confirmed by email to the Customer.

Together with the confirmation of the order, the Seller will send the Customer the text of the contract as well as these General Business Conditions and the information on the Right of Cancellation for Consumers.

(3) If a Customer is interested in delivery to a country that is not listed in sub-section s/he should request an offer from the Seller over the telephone, via telefax or email. After receipt of the enquiry, the Seller will make an offer to the customer by email, telefax or letter. A contract is concluded only, when the Customer accepts this offer.

(4) In the online shop, the Customer can also purchase voucher cards for month(s) of membership for the bellicon Home platform. The voucher cards are sold in the name and on behalf of bellicon Home GmbH, in accordance with the following conditions:

a) The voucher card contains a code which can be redeemed under video.bellicon.com/en/payments. Redeeming the voucher card requires a new or existing bellicon Home account, compatible software and hardware and Internet access (possibly subject to a fee). To open a bellicon Home account, the customer must first accept the terms and conditions of use and be at least 18 years old. Further information can be found under the bellicon Home terms of use.

b) The voucher card corresponds to the selected number of months of membership. The months of membership acquired with the voucher card will be credited to the user account at bellicon Home after the voucher card has been redeemed. It can only be used once.

c) The voucher card is transferable. The amount can neither be refunded nor exchanged (for cash or otherwise) after redemption.

3. No commercial resale of bellicon products

The commercial resale of the goods delivered by the Seller to the Customer is not permitted.

4. Prices, VAT and Payment

(1) The prices that have been agreed upon apply. Prices include VAT at the relevant legal rate, unless expressly indicated otherwise.

(2) The prices indicated are exclusive of shipping and packaging costs, which are quoted to the Customer prior to submission of the order. The amount of the shipping costs is dependent on the value of the order, the weight and the mode of dispatch, as well as on the desired destination. For details, reference is made to the online shop.

(3) For the processing of a VAT refund in the event of subsequent export by the Buyer to a third country, a processing fee in the amount of € 65.00 will be charged.

(4) Delivery to the customer shall be made against advance payment by bank transfer or one of the following payment methods. Payment by bank transfer is due no later than 7 calendar days after conclusion of the contract.

(5) As part of the PayPal payment service, the Seller offers the Customer various payment methods listed below as PayPal services. The Customer is redirected for payment purposes to the website of the online provider PayPal. There the Customer can enter his payment data and confirm the use of his data by PayPal and the payment order to PayPal. This concludes the contract between the parties.

a) If the Customer has chosen the payment method "PayPal", the Customer must have or set up a customer account with PayPal (Europe) S.à r.l. et Cie, S.C.A. The terms of use of PayPal (Europe) S.à r.l. & Cie, S.C.A https://www.paypal.com/de/webapps/mpp/ua/useragreement-full apply. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order.

b) In order to pay by credit card, the Customer does not need to be registered with PayPal. Payment is possible via MasterCard or Visa-Card. The payment transaction is carried out by the credit card company upon PayPal's request and the Customer's credit card is debited immediately after confirmation of the payment order and the Customer's legitimacy as the authorized cardholder.

c) If the Customer has chosen the payment method "direct debit", he also does not have to be registered with PayPal. By confirming the payment order, the Customer gives PayPal a direct debit mandate. PayPal will inform the Customer of the date of the debit (so-called pre-notification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction is executed and the Customer's account is debited.

(6) In cooperation with Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden, postal address Germany: Postfach 900162, 90492 Nürnberg (hereinafter: "Klarna"), the Seller further offers the Customer the following payment methods.

a) Klarna ‘Pay later’

When selecting ‘Pay later’ with Klarna, the Customer always gets the goods before payment is made. The Seller assigns the claim against the Customer to Klarna. Klarna sends the Customer a payment order. Klarna's invoice must be paid within 14 days of dispatch of the goods to Klarna. The complete General Terms and Conditions for purchase on account can be found under the following link: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice.

b) Klarna ‘Interest-free instalments’

With Klarna’s financing service the Customer can pay their purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least 6.95 EUR). Up to an amount of 200 €, the purchase is considered as a purchase on account (see lit. (a) above). However, the Customer can request Klarna to convert the payment method "Klarna Pay later" into an instalment purchase, provided that the relevant invoice is approved for an instalment purchase. Further information on Klarna instalment purchases including the General Terms and Conditions and the European Standard Consumer Credit Information can be found at the following links: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account; https://cdn.klarna.com/1.0/shared/content/legal/de_de/account/terms.pdf; https://cdn.klarna.com/1.0/shared/content/legal/de_de/consumer_credit.pdf

c) Klarna “Pay Now”

After submitting the order, the Customer is redirected to the website of Klarna. In order to be able to pay the invoice amount via Klarna “Pay Now”, the Customer must have an online banking account with PIN/TAN procedure or a credit card that has been activated for Klarna “Pay Now”, must login accordingly and confirm the payment instruction to the Seller. The Customer will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards by Klarna “Pay Now” and the Customer’s account will be debited accordingly.

(7) Provided that the bank of the Customer participates in the iDEAL-procedure, the Customer has the choice to pay via “iDEAL”. The Customer pays the invoice amount via the online banking of a bank, to which the Customer is directed in the ordering process. The Customer logs in as usual, e.g. with account number and PIN and authorizes the payment e.g. with a TAN.

(8) If the Customer chooses prepayment by bank transfer, payment is due no later than 7 days after conclusion of the contract. In the case of bank transfers from abroad, the Customer shall always bear the bank charges incurred.

(9) If the Seller accepts bills of exchange and checks as a means of payment, these shall only be accepted on account of performance.

(10) There is also the possibility of cash payment at pick-up.

(11) The Seller will always issue an invoice to the Customer, which is handed over to the Customer upon delivery of the goods or otherwise sent to him/her in written form (by email or letter).

5. Delivery and Passing of the Risk

(1) The ordered goods are delivered to the address specified by the Customer, unless otherwise contractually agreed upon. Delivery is made from the Seller’s warehouse. The Seller reserves the right to make partial delivery, if this is considered expedient for prompt delivery and partial delivery is not exceptionally unreasonable for the Customer. Additional costs resulting from partial deliveries will not be charged to the Customer.

(2) Unless otherwise indicated in the descriptions of the articles in the online shop or the catalogue, the delivery period is 2 weeks from the conclusion of the contract or, in the case of advance payment, 2 weeks from receipt of payment in full.

(3) The risk of accidental loss and of accidental deterioration of the goods passes to the Customer when the goods are handed over to the Customer. If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods and the risk of delay shall pass already at the time of delivery of the goods to the forwarding agent, the freight carrier or the person otherwise entrusted with the performance of the dispatch.

6. Retention of Title, Right of Retention

(1) The delivered goods remain the property of the Seller until any and all claims under the contract have been performed in full; in the event that the Customer is a legal person under public law, a public-law special fund or an entrepreneur who exercises its commercial or self-employed professional activity, including additional claims from the current business relationship, until settlement of any and all claims to which the Seller is entitled in connection with the contract.

(2) The Customer shall be entitled to rights of retention only, if his/her counterclaims have become final and absolute (res judicata), are uncontested or have been acknowledged by bellicon. In the event of any defect of the delivered goods, the counterclaims of the Customer shall remain unaffected, in particular his/her right to retain a part of the purchase price that is commensurate with such defect. The Customer shall be entitled to exercise a right of retention only to the extent that its counterclaim is based on the same contractual relationship.

7. Voluntary right of return for Consumers

(1) The Seller grants the Customer a 30-day right of return for all products available in the online shop. The period of the right of return begins with delivery of the goods to the Customer. The deadline is met if the goods are received by the Seller within the 30-day return period.

(2) The return of the respective product is only possible with original packaging. The return of reduced articles or articles marked by a special offer is excluded.

(3) The return of the goods is carried out according to the Customer’s choice against goods, credit note or refund of the paid amount. For the refund, the Seller uses the same means of payment as the Customer for the initial payment.

(4) The delivery costs for the return of the goods are borne by the Seller.

(5) The legal warranty rights as well as the right of revocation are not affected by the right of return.

8. Liability for Material Defects and Defects of Title, Handling of Damage During Transport

(1) The Seller shall be liable for material defects and defects of title in accordance with the statutory provisions. If only merchants are parties to the contract, sections 377 et seq. German Commercial Code (HGB) shall apply in addition.

(2) Damage caused by inappropriate handling by the Customer during assembly, connection, operation or storage of the goods however does not give rise to a warranty claim against the Seller.

(3) If goods are delivered with obvious damage to packaging or contents, the Customer should, its warranty rights defined above notwithstanding, immediately lodge a complaint with the forwarding agent/delivery service and contact the Seller without delay by email or any other method (telefax/letter) to enable the Seller to assert any rights vis-à-vis the forwarding agent/delivery service.

9. Exclusion of Liability

(1) Over and above the liability for material defects and defects of title, the Seller shall be liable without limitation, if the damage has been caused intentionally or by gross negligence. It shall also be liable for negligent violation of material contractual obligations (obligations whose violation jeopardises the attainment of the purpose of the contract) as well as for the violation of essential obligations (obligations, whose performance will enable the due and proper performance of the contract in the first place and on whose performance the Customer as a rule relies), in each case however only for the foreseeable damage that is typical for this type of contract. The Seller shall not be liable for the negligent violation of obligations other than those mentioned above.

(2) The limitations of liability specified in the preceding paragraph do not apply in the case of death, bodily injury or damage to health, any deficiency occurring after the assumption of warranty for the characteristics of the product and in the case of defects that have been fraudulently concealed. Liability in accordance with the German Product Liability Act shall remain unaffected.

(3) If liability of the Seller is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.

10. Intellectual Property Rights

Any returns are only permitted in the original packaging and must be agreed in advance with a bellicon employee within 5 days of the received goods. In any case, the invoice number and / or delivery note number must be stated. If products are delivered to the address of bellicon without mutual agreement, these goods will be returned at the expense of the Customer.

11. Warranty

bellicon collects, processes and uses personal data of the Customers subject to its Data Protection Declaration as well as the statutory provisions.

of beniro Deutschland GmbH, last amended: November 2020

1. General Provisions

(1) The present terms and conditions as well as the associated appendices regulate the relations between beniro Deutschland GmbH (hereinafter referred to as Seller) and its customers (hereinafter referred to as the Customer) and apply to bellicon on all orders of the Customer. Agreements that deviate from these terms and conditions must be in writing to be valid. These conditions come into force immediately and replace the previous ones.

(2) These terms and conditions expressly do not apply to sales partners and wholesale customers of the Seller; these are exclusively subject to the distributor’s terms and conditions of sale.

(3) The business relations between the Seller and the Customers are subject to the law of the Federal Republic of Germany. In the case of Consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the Consumer has his habitual residence is not withdrawn. The validity of UN sales law is excluded.

(4) The contract text is not recorded by the Seller after the conclusion of the contract in the online shop and is therefore not accessible.

(5) The place of jurisdiction shall be Cologne (Germany) if the Customer is a merchant or a legal entity under public law or a special fund under public law. The same shall apply if a Customer does not have a general place of jurisdiction in Germany or if the place of residence or usual abode is not known at the time a claim is filed.

(6) Customers have the option of using alternative online dispute resolution. The following link of the EU Commission (also called OS platform) contains information on online dispute resolution and serves as a central point of contact for out-of-court settlement of disputes arising from online sales contracts: https://ec.europa.eu/consumers/odr.

(7) Duty to provide information pursuant to the Consumer Dispute Resolution Act (§ 36 VSBG): The Seller is neither willing nor obliged to participate in further dispute resolution proceedings before a consumer arbitration board.

2. Conclusion of Contracts

(1) The Seller offers Customers the opportunity to purchase various products in its online shop (Trampoline Shop) at https://www.bellicon.com and from its mail order catalogue, above all mini trampolines, for purchase. The Seller will execute deliveries, subject to the provisions of section (3) to buyers in the following countries: Germany, Belgium, Bulgaria, Denmark, Estonia, Finland, Great Britain, Ireland, Italy, Latvia, Lithuania, Luxembourg, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic and Hungary.

Prices quoted in the online shop or in the mail order catalogue do not constitute an offer within the meaning of the law, but an invitation to submit an offer (invitatio ad offerendum). Prior to submitting a binding order in the online shop, the Customer is able to continuously correct all inputs by means of the customary touch screen, keyboard and mouse functions. In addition, all inputs are displayed again in a confirmation window prior to the submission of the binding order can be corrected there again by means of the customary touch screen, keyboard and mouse functions.

The purchase contract is concluded in the online shop as follows (for the availability of payment methods, see below Point 4.):

a) If the Customer has chosen the payment method „PayPal“, the purchase contract is concluded at the time of confirmation of the payment order to PayPal.

b) If the Customer has chosen the payment method „credit card“, the contract is concluded at the time of the credit card debit.

c) If the Customer has chosen the payment method “iDEAL”, the contract is concluded at the time of confirmation of the payment order to iDEAL.

d) In all other cases, the purchase contract is concluded upon acceptance of the Customer‘s order by the Seller.The Seller is entitled to accept the offer that has been submitted in the form of the order within 3 (three) days by dispatching an order confirmation.

If the prices on which the order is based are no longer valid – e.g. due to changes made to the price lists and/or the catalogue prices in the meantime – or if the goods are no longer available, the Seller shall inform the Customer accordingly after receiving the order, so that the Customer is able to choose whether it wishes to submit the order subject to the new terms and conditions or refrain from submitting the order. Receipt and acceptance of the order will be confirmed by email to the Customer.

(2) Together with the confirmation of the order, the Seller will send the Customer the text of the contract as well as these General Business Conditions and the information on the Right of Cancellation for Consumers.

(3) If a Customer is interested in delivery to a country that is not listed in sub-section s/he should request an offer from the Seller over the telephone, via telefax or email. After receipt of the enquiry, the Seller will make an offer to the customer by email, telefax or letter. A contract is concluded only, when the Customer accepts this offer.

(4) In the online shop, the Customer can also purchase voucher cards for month(s) of membership for the bellicon Home platform. The voucher cards are sold in the name and on behalf of bellicon Home GmbH, in accordance with the following conditions:

a) The voucher card contains a code which can be redeemed under video.bellicon.com/en/payments. Redeeming the voucher card requires a new or existing bellicon Home account, compatible software and hardware and Internet access (possibly subject to a fee). To open a bellicon Home account, the customer must first accept the terms and conditions of use and be at least 18 years old. Further information can be found under the bellicon Home terms of use.

b) The voucher card corresponds to the selected number of months of membership. The months of membership acquired with the voucher card will be credited to the user account at bellicon Home after the voucher card has been redeemed. It can only be used once.c) The voucher card is transferable. The amount can neither be refunded nor exchanged (for cash or otherwise) after redemption.

3. Deliveries

The commercial resale of the goods delivered by the Seller to the Customer is not permitted.

4. Prices, VAT and Payment

(1) The prices that have been agreed upon apply. Prices include VAT at the relevant legal rate, unless expressly indicated otherwise.

(2) The prices indicated are exclusive of shipping and packaging costs, which are quoted to the Customer prior to submission of the order. The amount of the shipping costs is dependent on the value of the order, the weight and the mode of dispatch, as well as on the desired destination. For details, reference is made to the online shop (https://www.bellicon.com/en-uk/shipping-and-delivery/).

(3) For the processing of a VAT refund in the event of subsequent export by the Buyer to a third country, a processing fee in the amount of € 65.00 will be charged.

(4) As part of the PayPal Plus payment service, the Seller offers the Customer various payment methods listed below as PayPal services. The Customer is redirected for payment purposes to the website of the online provider PayPal. There the Customer can enter his payment data and confirm the use of his data by PayPal and the payment order to PayPal.

a) If the Customer has chosen the payment method „PayPal“, the Customer must have or set up a customer account with PayPal (Europe) S.à r.l. et Cie, S.C.A. The terms of use of PayPal (Europe) S.à r.l. & Cie, S.C.A (https://www.paypal.com/de/webapps/mpp/ua/useragreement-full) apply. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order.

b) In order to pay by credit card, the Customer does not need to be registered with PayPal. Payment is possible via MasterCard or Visa-Card. The payment transaction is carried out by the credit card company upon PayPal‘s request and the Customer‘s credit card is debited immediately after confirmation of the payment order and the Customer‘s legitimacy as the authorized cardholder.

c) If the Customer has chosen the payment method „direct debit“, he also does not have to be registered with PayPal. By confirming the payment order, the Customer gives PayPal a direct debit mandate. PayPal will inform the Customer of the date of the debit (so-called pre-notification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction is executed and the Customer‘s account is debited.

(5) In cooperation with Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden, postal address Germany: Postfach 900162, 90492 Nürnberg (hereinafter: „Klarna“), the Seller also offers the Customer payment options of purchase on account and hire purchase via Klarna.

a) Klarna purchase on account:
When buying on account with Klarna, the Customer always gets the goods before payment is made. The Seller assigns the claim against the Customer to Klarna. Klarna sends the Customer a payment order. Klarna‘s invoice must be paid within 14 days of dispatch of the goods to Klarna. The complete General Terms and Conditions for purchase on account can be found under the following link:
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice

b) Klarna hire purchase:
With Klarna‘s financing service the Customer can pay his purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least 6.95 EUR). Up to an amount of 200 €, the purchase is considered as a purchase on account (see lit. (a) above). However, the Customer can request Klarna to convert the payment method „Klarna purchase on account“ into a hire purchase, provided that the relevant invoice is approved for a hire purchase. Further information on Klarna hire purchase including the General Terms and Conditions and the European Standard Consumer Credit Information can be found at the following links:

(6) Provided that the bank of the Customer participates in the iDEAL-procedure, the Customer has the choice to pay via “iDEAL”. The Customer pays the invoice amount via the online banking of a bank, to which the Customer is directed in the ordering process. The Customer logs in as usual, e.g. with account number and PIN and authorizes the payment e.g. with a TAN.

(7) There is also the possibility of cash payment at pick-up.

(8) The Seller will always issue an invoice to the Customer, which is handed over to the Customer upon delivery of the goods or otherwise sent to him/her in written form (by email or letter).

5. Delivery and Passing of the Risk

(1) The ordered goods are delivered to the address specified by the Customer, unless otherwise contractually agreed upon. Delivery is made from the Seller’s warehouse. The Seller reserves the right to make partial delivery, if this is considered expedient for prompt delivery and partial delivery is not exceptionally unreasonable for the Customer. Additional costs resulting from partial deliveries will not be charged to the Customer.

(2) Unless otherwise indicated in the descriptions of the articles in the online shop or the catalogue, the delivery period is 2 weeks from the conclusion of the contract or, in the case of advance payment, 2 weeks from receipt of payment in full.

(3) The risk of accidental perishing and of accidental deterioration of the goods passes to the Customer when the goods are handed over to the Customer. If the Customer is an entrepreneur, the risk of accidental perishing and accidental deterioration of the goods and the risk of delay shall, in the case of a sale by delivery to a place other than the place of performance (“Versendungskauf”) pass already at the time of delivery of the goods to the forwarding agent, the freight carrier or the person otherwise entrusted with the performance of the dispatch.

6. Retention of Title, Right of Retention

(1) The delivered goods remain the property of the Seller until any and all claims under the contract have been performed in full; in the event that the Customer is a legal person under public law, a public-law special fund or an entrepreneur who exercises its commercial or self-employed professional activity, including additional claims from the current business relationship, until settlement of any and all claims to which the Seller is entitled in connection with the contract.

(2) The Customer shall be entitled to rights of retention only, if his/her counterclaims have become final and absolute (res judicata), are uncontested or have been acknowledged by bellicon. In the event of any defect of the delivered goods, the counterclaims of the Customer shall remain unaffected, in particular his/her right to retain a part of the purchase price that is commensurate with such defect. The Customer shall be entitled to exercise a right of retention only to the extent that its counterclaim is based on the same contractual relationship.

7. Voluntary right of return

(1) The Seller grants the Customer a 30-day right of return for all products available in the online shop. The period of the right of return begins with delivery of the goods to the Customer. The deadline is met if the goods are received by the Seller within the 30-day return period.

(2) The return of the respective product is only possible with original packaging. The return of reduced articles or articles marked by a special offer is excluded.

(3) The return of the goods is carried out according to the Customer’s choice against goods, credit note or refund of the paid amount. For the refund, the Seller uses the same means of payment as the Customer.

(4) The delivery costs for the return of the goods are borne by the Seller.

(5) The legal warranty rights as well as the right of revocation are not affected by the right of return.

8. Liability for Material Defects and Defects of Title, Handling of Damage During Transport

(1) The Seller shall be liable for material defects and defects of title in accordance with the statutory provisions. If only merchants are parties to the contract, sections 377 et seq. German Commercial Code (HGB) shall apply in addition.

(2) Damage caused by inappropriate handling by the Customer during assembly, connection, operation or storage of the goods however does not give rise to a warranty claim against the Seller.

(3) If goods are delivered with obvious damage to packaging or contents, the Customer should, its warranty rights defined above notwithstanding, immediately lodge a complaint with the forwarding agent/delivery service and contact the Seller without delay by email or any other method (telefax/letter) to enable the Seller to assert any rights vis-à-vis the forwarding agent/delivery service.

9. Exclusion of Liability

(1) Over and above the liability for material defects and defects of title, the Seller shall be liable without limitation, if the damage has been caused intentionally or by gross negligence. It shall also be liable for negligent violation of material contractual obligations (obligations whose violation jeopardises the attainment of the purpose of the contract) as well as for the violation of essential obligations (“Kardinalpflichten“) (obligations, whose performance will enable the due and proper performance of the contract in the first place and on whose performance the Customer as a rule relies), in each case however only for the foreseeable damage that is typical for this type of contract. The Seller shall not be liable for the negligent violation of obligations other than those mentioned above.

(2) The limitations of liability specified in the preceding paragraph do not apply in the case of death, bodily injury or damage to health, any deficiency occurring after the assumption of warranty for the characteristics of the product and in the case of defects that have been fraudulently concealed. Liability in accordance with the German Product Liability Act (“Produkthaftungsgesetz”) shall remain unaffected.

(3) If liability of the Seller is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.

10. Intellectual Property Rights

Any returns are only permitted in the original packaging and must be agreed in advance with a bellicon employee within 5 days of the received goods. In any case, the invoice number and / or delivery note number must be stated. If products are delivered to the address of bellicon without mutual agreement, these goods will be returned at the expense of the Customer.

11. Warranty

bellicon collects, processes and uses personal data of the Customers subject to its Data Protection Declaration as well as the statutory provisions.

IMPORTANT:

By placing an order over the phone or online, customer acknowledges and agrees to all Terms and Conditions herein.

1. Preamble

The following terms and conditions regulate the business conditions between bellicon America LLC and its customer (called "Customer"), and apply to all customer orders. No terms and conditions other than those contained herein shall be binding unless made in writing and signed by bellicon America LLC. All terms and conditions contained in any prior oral or written communication, which are different from or in addition to the terms and conditions contained herein are hereby rejected and shall not be binding.

2. Warranty

Whichever type of bellicon® Rebounder you have chosen for purchase, it is warranted for parts only from the date of purchase (proof of purchase is necessary).

Warranty for bellicon® Standard Models:

  • Warranty for standard bellicon Classic frame: Lifetime Warranty

  • Warranty for bellicon Plus frame: Lifetime Warranty

  • Warranty for bellicon Premium frame: Lifetime Warranty

  • Warranty for all Classic/Plus/Premium mats: 5 years

  • Warranty for the Classic/Plus/Premium bungee cords: 1 year

  • Warranty for the plastic leg inserts and rubber feet: 2 years

Warranty for bellicon® GO Models:

  • Warranty for bellicon GO & GO Jumping frame: 5 years

  • Warranty for bellicon GO mats: 2 years

  • Warranty for bellicon GO bungees: 6 months

  • Warranty for the plastic plug inserts and rubber feet: 2 years

The warranty is provided only under the condition that the bellicon Rebounder is used "normally", which means according to Safety Instructions

In case a frame or Rebounder mat is damaged within the warranty period and the Rebounder has not been damaged through rough usage and has always been used in accordance with the Safety Instructions, please let us know immediately. bellicon America LLC will then decide for each case, if the concerned part will be repaired or replaced.

3. Shipping and Delivery

Shipping: Orders are fulfilled as quickly as possible given current stock availability. If an item is out of stock, the Customer will be informed immediately and can choose to wait until the particular item is back in stock or to receive his/her money back. No particular delivery date can be guaranteed and under no circumstances, can bellicon America LLC be held responsible for delays in delivery. Merchandise may be shipped to the Customer by FedEx or DHL, depending on stock availability and standard fulfillment procedure, with the price as charged, if applicable, by FedEx or DHL being passed through to the Customer. All responsibility for the safe and timely delivery of the merchandise becomes FedEx or DHL's once the merchandise is in the possession of FedEx. If the Customer purchases a Rebounder, it is important to keep in mind, that Rebounders are sent "Indirect Signature Required" which means that the Customer needs to sign when receiving the shipment, or leave sufficient authorization. After three unsuccessful delivery attempts, FedEx will send the shipment back to bellicon America LLC at the customer's expense. The Customer must contact FedEx before this happens to ensure a successful delivery. Parcels sent via DHL may be customized using the carrier's On Demand Delivery service. These requests are independent of bellicon America LLC's authority and problems or concerns with these requests must be directed toward DHL.

FREE SHIPPING POLICY: bellicon Rebounder orders to the United States, including Hawaii and Alaska, have free shipping. This excludes Guam, Puerto Rico, Armed Forced territories, and any other affiliate islands or territories. Free shipping does not apply for accessory orders.

At Delivery:

Please inspect the Rebounder (or whatever you have ordered) immediately. You have 5 (five) business days to report a problem to bellicon America LLC.

Keep the original packaging. Don't throw it away. You might need it later. We accept claims and returns only in original packing.

4. Prices

All prices are net prices (not including sales tax, if any).

The prices of all bellicon Rebounder products include a 30 day free membership to the bellicon Home online video platform. By purchasing a bellicon and agreeing to the Terms and Conditions contained herein, the Customer agrees to registration performed by bellicon America LLC to the bellicon Home platform. The Customer is not obligated to purchase any video subscription services at any time but may choose to do so if they wish upon expiration of the 30 day free membership.

5. Conditions of payment

Full Payment (including tax) is due at time of order placement with the exception of authorized installment plans. Any such installment plans will have explicit repayment terms that are provided by bellicon America LLC and agreed upon by the Customer prior to purchase and are non-negotiable unless otherwise stated. INTERNATIONAL CUSTOMERS: For all customers outside of the United States and Canada, prices include brokerage fees and taxes. The brokerage fee is a minimum of $10. You will not be billed for these fees when your order is delivered. We do not know the cost since every country and province/region may have different policies. Please contact your local customs office to get an estimate. For Canadian customers, you will not be assessed for duty, customs, and brokerage by bellicon America LLC. You will receive a separate invoice for these fees from FedEx or DHL.

6. Damaged Goods Claims

a) Damage through transportation. All damage due to transportation must be reported immediately to bellicon America LLC and no later than five business days following the receipt of the item. The original packaging needs to be kept available for FedEx or DHL inspection. If the original packaging is unavailable, no claim can be accepted. Replacements for possible damage caused during transportation will only be made, if the claim is accepted by FedEx or DHL. bellicon America LLC acts only as the middleman between the customer and FedEx or DHL. If FedEx refuses the claim, bellicon America LLC cannot be held responsible for any claims, damages, or reimbursement.

b) All other damaged goods claims, must be sent to bellicon America LLC within five business days after receipt of delivery, with sufficient detail for an objective assessment of the damage to be made. The original packaging needs to be kept available for further inspection. If the goods are found to be damaged due to no fault of the Customer, bellicon America LLC will send free replacements of the damaged parts.

7. Return Policy for non damaged merchandise

bellicon America LLC accepts the return of merchandise from customers within 30 days from the delivery date. To be eligible for return, the merchandise must be in absolutely impeccable condition and be returned in its original shipping box along with all contents.

The Customer must inform bellicon America LLC about his or her wish to return the merchandise so that bellicon America LLC can prepare to receive your shipment. bellicon America LLC will then give the customer an address to ship the product to. Return shipping to bellicon America LLC is at the customer's expense unless the return is a result of a shipping error caused by bellicon America LLC at which point bellicon America LLC will rectify the problem promptly without expense to the customer. Merchandise that is returned to bellicon America LLC without prior approval will be sent back to the Customer at Customer's expense and no reimbursement will be issued.

After having received authorization, the Customer has three business days to initiate the shipping and to send the tracking number to [email protected] If bellicon America LLC does not receive a tracking number within these three business days, no reimbursement can be given.

Initial shipping costs (if any) as well as return shipping costs and insurance are the responsibility of the Customer. The Customer must send the merchandise via FedEx or UPS with "Direct Signature required" in order to be able to prove delivery to bellicon America LLC. If the item is returned to bellicon America LLC in a damaged condition and it is determined that such damage has happened either at the customer's premises through rough handling or during the return shipping process, no reimbursement will be given.

No returns can be accepted for items purchased with a warehouse clearance discount.

8. Reimbursement Policy

a) Reimbursement for items that arrived damaged at the customer's premises. For valid damaged good claims (see "Damaged Good Claims above), bellicon America LLC will either replace the item free of charge or, if the customer does not desire an exchange, a total refund of his payment will be processed.  However, if the item is found  to NOT be defective, the customer is responsible for the shipping costs associated with the return of the item.

b) Reimbursement for Returns of undamaged merchandise. If the customer wishes to return the merchandise for reasons other than those discussed in sub paragraph a) immediately above, the following fees will be deducted from any reimbursement:

  1. Any initial shipping costs paid by the Customer.

  2. Shipping and handling for return shipment. If the customer wishes to use their own shipping carrier for the return shipment, the tracking number must be provided to bellicon America LLC in order to prepare for receipt of the returned item. The bellicon packaging has an unusual size and shape, and shipping rates can vary based on your selected model and your physical location. We are happy to provide a return shipping label and schedule a pickup for you. Please contact us if you would an estimate of return shipping costs.

There are no additional restocking or return fees. Returns will be accepted only, if the item arrives at bellicon America LLC in absolutely impeccable condition, in its original packing, and with all original content. The packaging must also be in reusable condition. In case of an incomplete return, or if the merchandise arrives in a damaged condition either through rough handling at the customer’s premises or is damaged during the return shipping process, either a partial reimbursement or no reimbursement at all will be given depending on the extent of the damage to the item.

9. Disclaimer

See this page for the Disclaimer.

Chicago, 09/20/2010 

bellicon America LLC