Terms and Conditions

§1 Scope of application

• The following General Terms & Conditions apply exclusively to all business relationships between us and the customers. The version valid at the time of the order applies.
• Divergent, conflicting or supplementary General Terms & Conditions from contractors are not knowingly made component parts of the contract unless we expressly accept their validity.

§ 2 Definitions

• "Consumer" in these General Terms & Conditions applies to every natural person who enters into a business relationship with us for a reason that has nothing to do with their commercial or professional job. (§ 13 BGB)
• "contractor" in these General Terms & Conditions applies to all natural and legal persons or private companies with legal capacity who enter into a business contract as a result of their commercial or independent function. (§ 14 BGB). contractors who are not operating in their commercial or independent capacity are also considered consumers in these General Terms & Conditions.
• "Customer" in these General Terms & Conditions applies to consumers and contractors

§ 3 Contract conclusion / filing of the contract text

• The following rules on contract conclusion apply to all orders made via our internet shop.
• The presentation of goods in our internet shop does not constitute a legally binding offer, but rather an unbinding invitation for customers to buy our goods. When the customer places an order, he submits a binding offer that constitutes the conclusion of a contract.
• The following rules apply upon receipt of an order in our online shop:
  
  The customer submits a binding contract offer by successfully completing the order process in our internet shop. The order is placed in the following steps:
  • Selection of the desired good
  • Confirmation by clicking the "Buy now" button
  • Verification of items in the cart
  • Confirmation of the selection by clicking the "Check out" button
  • Entry of personal information / clicking the "Continue" button
  • Verification of shipping address / selection of shipment method
  • Clicking the "Continue" button
  • Verification of the billing address / selection of payment method / acceptance of the General Terms & Conditions
  • Clicking the "Continue" button
  • Complete overview of the order
  • Binding submission of the order by clicking the "Submit order" button
  • Your order information is sent for payment processing to the payment service provider's website
• The customer can cancel the order by closing the browser or change the order be removing products from the cart at any time before submitting a binding order by pressing the "Submit order button".
• We immediately confirm receipt of the order in the form of an automatically generated email. This does not mean that the offer is approved. The offer is approved in writing, in text form or by shipping the ordered good.
• With regard to orders made through our internet shop, we have the right to approve the customer's contract offer included in the order in writing, in text form, or by sending the ordered good within a week. The order is considered rejected if the week deadline expires.
• We save the contract text and send you the order data and our General Terms & Conditions per email.

§ 4 Prices, shipment costs, payment, due date

• The specified prices include legal VAT and other price components. Shipment costs are shown at http://www.hammer-fitness.co.uk/shipping:
  
• Payment is processed via the payment service provider WorldPay and PayPal. You will be forwarded to the payment service provider's website in the course of the payment process.
• The customer has the following payment options: prepayment (bank transfer), credit card (VISA, Mastercard, JCB, Maestro), PayPal, direct debit, or instant bank transfer.
• If the customer selects prepayment, PayPal or instant bank transfer, then he is obligated to pay the purchase price immediately once the contract has been concluded. In the event that the direct debit option is selected, we will immediately submit authorization for direct debit once the contract has been concluded. In the event that payment is made per credit card, your account will be charged (immediately), no later than on the shipment date.
• If in default, the customer must pay interest on the amount due in the amount of 8 percentage points over the base interest rate. With regard to the contractor, we reserve the right to establish and apply a higher default interest rate.
• The contractor only has the right to compensation if they have made uncontested or legally binding counterclaims

§ 5 Transfer of risk / delivery time / delivery

• All of the products we offer are ready to be shipped immediately unless we have clearly expressed otherwise
• We do not ship the items before payment has been received.
• If our customer is a consumer, the risk of the accidental lose or accidental damage of the purchased item is transferred to the customer only once the item has been handed over to the customer.
• If the purchaser is a contractor, the shipment risks are transferred to the purchaser as soon as the good is handed over to the logistics partner we hire. With regard to contractors, we reserve the right to determine a new, reasonable delivery deadline if we cannot adhere to a delivery time for reasons that do not fall under our scope of responsibility. We must immediately inform the customer. We have the right to withdraw from the contract if the ordered item is also not available during the new delivery time. We will immediately provide compensation for any return service we have received.
• The item is not delivered to the place where it will be used, but rather to the curbside.

§ 6 Retention of title

• If the customer is a contractor, we reserve the right to the good until complete payment has been received for all claims in an ongoing business relationship. If the value of the goods supplied under reservation of title exceeds that of the claims from the ongoing business relationship by 10%, then we are obligated to release the goods supplied under reservation of title.
• With regard to consumers, we retain ownership of the goods until complete payment of the purchase price has been made.
• With regard to contractors, the customer has the right to resell the goods in the ordinary course of its business. The contractor assigns all claims against third parties amounting to the invoiced amount that arise through resale. We accept the assignment. After the assignment, the contractor is authorized to collect the debt. However, we reserve the right to collect the debt if the contractor is no longer able to fulfill his payment obligations and defaults on payment.

§ 7 Liability for defects

• The legal liability for defects applies.

§ 8 Warranty

• For consumers, warranty claims lapse for new products two years after the delivery of the good.
  
  In all other aspects the warranty is determined in accordance with legal regulations for consumers.
• For contractors, warranty claims that do not involve compensation for damages lapse one year after delivery of the good.
• Contractors must immediately inspect the good for quality discrepancies and defects and report any visible damages to us in writing within one week of having received the good. If the contractor neglects to do this, then the warranty rights cannot be enforced. Hidden defects must be reported to us in writing no later than one week after they are discovered. Mailing the notice of defect within the specified timeframe is considered on time. The contractor bears the full burden of proof for all conditions of entitlement, in particular for the defect itself, for the time at which the defect was discovered and for timely notice of the defect.

§ 9 Limitation of liability

• In terms of slightly negligent breaches of duty, our liability and that of our agents is limited to the foreseeable damages typical of this type of contract. Neither we nor our agents are liable for slightly negligent breaches of non-contractual duties that do not compromise contract execution. An essential contractual obligation is an obligation that must be fulfilled in order to execute the contract; the customer must also always be able to count on adherence to said obligation.
• Our liability according to product liability and safety laws of the United Kingdom and the warranty is not affected by this. Furthermore, the limitations of liability do not apply in the event that bodily injuries or damage to health is attributable to us or of if the customer loses his life.

§ 10 Guarantee conditions

For our equipment we provide a guarantee according to the following conditions:

1. We will repair free of charge, damages or deficiencies on the device which have been proven to be due to a manufacturing defect, this has to be notified to us immediately after discovery and within this given time frame:
   • Hammer / Hammer Boxing / FinnSpa / Men's Health Powertools: 24 months
   • Finnlo: 36 months
   • Finnlo Maximum / SOLE:
     

     Usage	guarantee	guarantee on the main frame
     Private use	36 months	10 years
     Semi-Profess. use	12 months	5 years
     Professional use	-	-

   after delivery to the end user.
   
   The warranty does not cover parts that are fragile such as glass or plastic. The guarantee does not cover: slight deviations from the intended condition, which are subsequently insignificant for the value and usability of the appliance. Chemical, electrochemical, water and substance damage due to general use and an act of God.
2. The warranty is provided in such a way that defective parts are, in our option, repaired free of charge or replaced by faultless parts. The costs for material and working hours are covered by us. Repairs at the place of installation can not be requested. The purchase document with the purchase date and/or delivery date must be submitted. Replaced parts remain our property.
3. The warranty is void if repairs or interventions are carried out by persons not authorized by us or if our devices are fitted with accessories or replacement parts that are not adapted to our devices, or if the device is damaged by force or has been damaged or destroyed by environmental influences, or have arisen through improper handling. In particular disregard to the operating instructions or maintenance manual, or if the device exhibits mechanical damage of any kind. After a telephone consultation with our customer service team, they may authorize you to repair or exchange parts which are sent to you. In this case the product warranty does is still valied.
4. After a guarantee claim, the original guarantee is neither extended nor imposed with a new guarantee period.
5. Any further or other claims, in particular claims for damages arising outside of the device, are excluded - as far as liability is not compulsorily stipulated by law.
6. Our warranty conditions, which contain the prerequisites and scope of our guarantee services, do not affect the contractual warranty obligations of the seller.
7. Parts subject to wear and tear, which are listed the parts list, are not subject to the warranty conditions.
8. In individual cases, the consumer receives a one-year guarantee extension (main frame excluded), for which the above-mentioned guarantee conditions apply

§ 11 Return shipping cost agreement, cancellation policy

We offer customers the opportunity to return goods no later than 30 days after receipt of goods. In cases such as this the following conditions will apply. The cost of postage, packaging and insurance to return the goods will be borne by the customer and deducted from the refunding of the full purchase price (excluding any payment made for the original delivery). Goods must be received by us in perfect condition, in their original packaging unused and un-assembled. There may be a re-stocking charge if goods are not received back in perfect condition, in their original packaging and upon inspection exhibit use (including assembly). The amount of deduction will be based on the extent of the diminishment in the goods value. Hammer-Fitness reserves the right not to accept the goods at our warehouse and/or not to issue a refund or credit. If the goods have been removed from their original packaging or assembled, your option to cancel may be forfeited.

Our 30 day online return options apply to goods purchased for domestic use only. These options do not apply to equipment purchased for use by businesses. Any free gifts received with your order must also be returned if an order is cancelled.
Please note: our couriers do not collect any unpackaged goods.

All order cancellations or returns must be notified to us by e-mail or by writing to our head office only. If you wish to cancel or return goods please e-mail our Customer Service Department at the address below and we will issue a Return Materials Authorisation.

If you wish to return goods, please email service@hammer-fitness.co.uk or contact us at

Hammer Sport AG

Von-Liebig-Str. 21
Neu-Ulm
89231
Germany

No cancellation of order will be accepted after 30 days of receipt of your goods.

This does not affect your rights if the product is fault or mis-described.

§ 12 Place of jurisdiction / penalty clause

• The laws of the United Kingdom apply under exclusion of the United Nations Convention on Contracts for the International Sale of Goods. For consumers, the choice of law applies only to the choice of withdrawing from the guaranteed protection from mandatory regulations in the constitutional state in which the consumer has his primary residence.
• If the customer is a merchant, a body corporate organized under public law or a legal person whose separate estate is governed by public law, then our registered office is the sole place of jurisdiction for all disputes that arise from this contract. We have the right to sue the customer at his place of business .
• If the customer does not have a general place of jurisdiction in United Kingdom or if his residence or habitual residence is not known at the time of the lawsuit, then our registered office is the place of jurisdiction for all disputes that arise from this contract
• Only English may be used as the contract language.

§ 13 Additional General Terms & Conditions and data protection information from RatePAY GmbH

In order to offer you attractive payment methods, we work together with RatePAY GmbH, Schlüterstraße 39, 10629 (hereinafter referred to as "RatePAY"). We assign our payment claim to RatePAY if a contract is concluded between you and us through the use of a RatePAY payment method. We assign our payment claim to RatePAY GmbH's partner bank in the event that the customer chooses the RatePAY installment payment method. If you select one of the RatePAY payment methods offered here, you consent to the transfer of your personal data and the order data to RatePAY GmbH for the purpose of verifying identity and credit and for the purpose of contract processing. You can find all the specifics in the additional General Terms & Conditions and data protection information for RatePAY payment methods, which are part of these General Terms & Conditions and are always applied when you choose a RatePAY payment method.

§ 14 Severability clause

In the event that one or more clauses in these Terms and Conditions becomes invalid or unenforceable, the remaining clauses are not affected unless the omission of individual clauses results in one contracting party becoming so unreasonably disadvantaged that it is no longer reasonable to maintain the contract.

General Terms & Conditions last updated February 2017

Information about the environment and packaging

Packaging ordinance – VerpackV –Contribution to a comprehensive system for taking back sales packaging

We hereby confirm that we fully comply with our obligations according to the packaging ordinance in the version dated 1 January 2009. We are involved in particular with a system for the comprehensive recovery of sales packaging accrued by private end consumers (compare § 6 Para. 3 of the VerpackV).

We work with Interseroh.

Instructions according to § 12 battery ordinance - BattV

In connection with the sale of batteries or devices that are operated with batteries, according to the battery ordinance we as a merchant are obligated to inform you of the corresponding regulations and obligations:

Ensure that you dispose of your old batteries at a communal collection point or in the shop in accordance with the law. Disposal in common trash is not permitted and violates the battery ordinance. Disposal is free of charge for you. You can also send us batteries you purchased from us free of charge. Return your old batteries to the following address:

Eeziweb Ltd.
The Mill
Eathorpe
Leamington Spa
Warwickshire
United Kingdom
CV33 9DE

Batteries that contain hazardous substances are clearly labeled with a symbol with a crossed-out garbage bin. You can also find the chemical name of the corresponding hazardous substances beneath the symbol with the crossed-out garbage bin. Some examples are: (Pb) lead, (Cd) cadmium, (Hg) mercury.

You can also reread this information in the documents included in the delivery or in the operating instructions of the relevant manufacturer

You can find detailed information on the battery ordinance at the Federal Ministry of the Environment, Nature Conservation and Reactor Safety at www.bmu.de/abfallwirtschaft.