Terms of service
Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Lukas Traios) via the
https://resilient-athletes.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an
overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to
every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent
professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of digital content (data created and provided in digital form).
(2) By placing the respective digital content on our website, we submit to you a binding offer to conclude a contract via the online shopping
cart system under the conditions specified in the item description.
(3)
The contract is concluded via the online shopping cart system as follows:
The digital content intended for purchase is placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in
the navigation bar and make changes there at any time. After clicking the button "Checkout" or "Proceed to order" (or similar designation) and
entering the personal data as well as the terms of payment, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will
either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are forwarded to the relevant instant payment system, choose and/or enter your details as appropriate. Finally, you will be shown the
order data as an order overview on the website of the instant payment system provider, or after you have been redirected back to our online
shop.
Before submitting the order, you have the option once more to review or change (you may also use the “Back” button on the Internet browser)
any information on the order summary page or to cancel the purchase.
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay
now" or similar designation) you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a
partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and
that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a
SPAM filter.
§ 3 License of use in case of digital content
(1) The digital content offered is protected by copyright. For each digital content purchased from us, you will receive a license of use from the
respective Licensor. The type and scope of the license of use result from the license terms stated in the respective offer.
(2) Unless otherwise stated in the respective offer, you receive a simple license of use. This includes a non-exclusive, unlimited right of use, in
particular the permission to save and/or print a copy of the digital content for your personal use on your computer or other electronic device.
You are not entitled to rent out the digital content that is subject of the contract or parts thereof or, , to sublicense it either for a fee or free of
charge, to reproduce it publicly or make it accessible in any other way or otherwise make it available to third parties.
§ 4 Customised digital content
(1) You provide us with the appropriate information, texts or files required for customisation of the digital content through the online ordering
system or by e-mail at the latest immediately after contract formation. Any possible specifications of ours concerning file formats must be
observed.
(2) You undertake not to transmit any data the content of which infringes the rights of third parties (in particular copyrights, rights to a name,
trademark rights) or violates the existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This
also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and do not assume any liability for errors in this respect.
(4) Insofar as specified in the respective offer, you will receive a draft correction from us, which you must check without delay. If you agree
with the draft, you approve the draft for execution by countersignature in text form (e.g. e-mail).
The design work will not be carried out without your approval.
You are responsible for checking the proof for correctness and completeness and for informing us of any errors. We assume no liability for
errors that are not objected to.
§ 5 Special agreements related to the offered payment methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider
PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal"
will be displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process.
"PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these
separately. You can find more information on "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Stripe"
If you select a payment method offered via "Stripe", the payment will be processed via the payment service provider Stripe Payments Europe
Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe"
will be displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. "Stripe"
may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You
can find more information on "Stripe" at https://stripe.com/de.
§ 6 Right of retention
You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
§ 7 Warranty
(1) The statutory rights of liability for defects apply.
(2) Insofar as a feature of the digital content deviates from the objective requirements, the deviation shall only be deemed to be agreed if you
were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed
between the contractual parties.
(3) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the digital content, but not
other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide a warranty by rectification of the defect or subsequent delivery. If the rectification
of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be
deemed to have failed after a second unsuccessful attempt, unless the nature of the digital content or the defect or other circumstances
indicate otherwise.
c) The warranty period is one year from delivery of the digital content. The shortening of the period shall not apply
- for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally
or by gross negligence;
- insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of the digital content;
- in the case of items that have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse that you have against us in connection with defect rights.
§ 8 Choice of law
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by
the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt
principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Lukas Traios
Stabelsteiner Weg 21
61267 Neu-Anspach
Germany
Telephone: 017684268629
E-Mail: info@resilient-athletes.com
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under
https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in
accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be printed out or electronically saved
using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling
contracts and the standard business terms are re-sent to you via e-mail.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components,
including all the incidental taxes.
5.2 Since the product is downloaded, no shipping costs accrue.
5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or
money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
5.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment
is initiated outside of the European Union.
5.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the
respective quote.
5.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded
become payable immediately.
6. Provision
6.1 The conditions for provision, the provision date and any existing provision restrictions can be found under a correspondingly designated
button on our website or in the respective offer.
7. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly
checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings
are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 29.11.2023