adidas RUNBASE Berlin
As per: December 2016
Your operators and contractors
Local Court of Bamberg
Managing Director: Mr Thomas Merz
VAT ID no.: DE283456003
To reach us on working days,
Monday through Friday 10 a.m. to 8 p.m.
Saturday 10 a.m. to 6 p.m.,
please call: 030 – 54978143
or send an email to: firstname.lastname@example.org.
§ 1 Scope and Contractual Basis
(1) These General Terms and Conditions – hereinafter also referred to as GTC – apply to any and all agreements concluded between you as a Customer and our company as a supplier – also referred to as act.³ GmbH – via our aforementioned website or in RUNBASE, including but not limited to such agreements concerning the use of RUNBASE services, which comprises in particular the booking of courses – hereinafter also jointly referred to as Services.
Any and all contractual arrangements agreed between you and our company in connection with such an agreement initially arise in particular from our booking forms or confirmations – also referred to as Confirmation – and from these General Terms and Conditions.
The relevant version shall always be the GTC version valid at the time of concluding the agreement.
We provide services exclusively on the following terms and conditions, which underlie any and all agreements concluded with us.
Where the customer is an entrepreneur within the meaning of the following paragraph 2, any terms of the customer deviating from or contrary to the following provisions shall not apply. In this case, the following terms and conditions shall apply exclusively even if we render the service without reservation while being fully aware of such terms and conditions of the customer which are contrary to or deviate from the following GTC. In such a case, any deviations from these terms and conditions, any supplementary agreements and / or side agreements shall be subject to the explicit confirmation by us.
(2) Insofar as consumers are mentioned in these Terms and Conditions, such consumers are natural persons according to the statutory provisions (§ 13 BGB (German Civil Code)), for whom the purpose of such booking cannot be associated with a commercial, independent or freelance activity. According to the applicable statutory provisions (§ 14 BGB (German Civil Code)), entrepreneurs are natural or legal persons or partnerships with legal personality, exercising their commercial or independent professional activity when concluding a legal transaction. Customers within the meaning of these terms and conditions are consumers as well as entrepreneurs.
(3) Where working days are specified as deadlines, this includes any and all days of the week, Saturdays, Sundays and public holidays at our headquarters excluded.
(4) These terms and conditions also apply to any and all future business transacted between the customer and our company insofar as this refers to related legal transactions.
§ 2 Storage Capability and Viewing the Wording of the Agreement
(1) You can always view, save or print our GTC on our website www.runbase.berlin/en/terms.
(2) For safety reasons, your specific booking data cannot be retrieved from the Internet. We therefore recommend that you print out any reservation effected or save such reservation in your system.
The contract provisions in detail will also result from our booking confirmation as a binding declaration of acceptance.
§ 3 Contracting Partners and Conclusion of the Agreement
(1) Your contracting partner is act.³ GmbH.
(2) The presentation of the offers published on our website do not constitute a binding offer, a basis on which to conclude an agreement, but a non-binding invitation to you, to book it on the website. Such presentations and advertisings are subject to change, as long as they do not become the content of a binding contractual agreement. This means that, in the event of unavailability, there is no obligation on our part to perform.
Before sending your reservation, you can check and correct the data provided by you. Sending your reservation by clicking on the “Submit Reservation” button is deemed a binding contractual statement. The receipt of the reservation will be confirmed immediately after the technically flawless receipt of your reservation.
The confirmation of the reservation does not constitute the acceptance of your order, but is merely meant to inform you of the fact that your reservation has been received.
A binding agreement shall not be deemed concluded until we accept your booking – also known as booking confirmation. Such acceptance by us can be made by any of the following circumstances: We accept your reservation with a separate order confirmation or we ask you for payment where payment in advance is required
Please note that the service will not be rendered until the full amount is credited to our account in cases where payment in advance is required. Where your payment is not received within 5 working days prior to the date booked, we will cancel any related booking confirmation sent by us at this point.
§ 4 Prices
The prices quoted in the offer at the time of booking shall apply for any and all bookings. The indicated prices are the total prices, which means they include the German value added tax valid at that time as well as any other price components.
Any other prices, which may be shown on sites loaded from caching (browser cache, proxies, etc.) may not be current and are therefore invalid.
§ 5 Payment
(1) We generally offer the following payment methods:
Payment in advance by transfer to
Account holder: act.³ GmbH
IBAN: DE98 1009 0000 2600 5220 03
You transfer the invoice amount to our account in advance.
Where payment in advance is required, we expect your payment not later than 5 working days before the date booked (the decisive factor being the date when such payment is credited to our account) after your binding reservation. Where no payment is received within this period, your booking will be canceled without replacement.
Credit card, Mastercard, VISA only
The invoice amount will be debited by your credit card company on the day of booking. We only accept the aforementioned credit cards.
In addition to cash payment, we also offer EC-cash payment with PIN as well as payment by credit card (MasterCard, VISA). Please ensure that the price does not exceed your personal card limit. For more information please contact your principal bank.
We reserve the right to refuse the payment method chosen by the customer, in individual cases.
§ 6 Booking Dates and Performance Times
(1) We refer to booking dates and performance times on the individual product site or in a separate order confirmation we will send you.
(2) The possibility of using or the performance obligation will not apply if we are not responsible for the non-availability of the location or the performance booked. In case of non-availability, we will inform you thereof forthwith and immediately refund any payment, which may have been effected in advance.
(3) The statutory right of the customer to damages instead of performance remains unaffected hereof.
(4) Where the customer is in default of acceptance or where it culpably violates any other obligations to cooperate, we are entitled to demand compensation for the damage incurred thereby, which also includes any additional expenses. Further claims will remain unaffected thereof and reserved. The customer, in turn, has the right to evidence that a loss in the amount required has not been caused at all, or that such loss was significantly lower than the amount claimed.
§ 7 Right of Revocation
(1) The following is an instruction about the conditions and consequences of the legal right of revocation valid for services provided to consumers. This does not involve any contractual granting of rights beyond the legal provisions. In particular, entrepreneurs cannot claim the statutory right of revocation.
Power of Revocation
Right of Revocation
You have the right to revoke this agreement within fourteen days without giving reasons.
The revocation period is fourteen days from the date of concluding the agreement.
To exercise your right of revocation, please inform us,
adidas RUNBASE Berlin
Of your decision to withdraw from this agreement making a clear declaration (for example, by mailed letter, fax or email). For this, you can download the model withdrawal form, which is not mandatory though. You may electronically download this model withdrawal form from our website or give us any other evident declaration. To observe the revocation deadline, simply send your notification concerning the right of revocation before the revocation period has expired.
Effects of Revocation
In the event where you withdraw from this contract, we will reimburse any and all payments we have received from you, including the costs of delivery (with the exception of additional costs arising from the fact that you have selected a type of delivery other than the most favorably-priced one we offer), and will repay forthwith and no later than within fourteen days from the date on which we received the notification of your withdrawal from this agreement. For such repayment, we shall use the same form of payment that you used in the original transaction, unless we have explicitly agreed otherwise; In no case will you be charged any fees for such repayment.
Where you required that the services begin during the revocation period, you shall pay us a reasonable amount equivalent to the proportion of services rendered up to the time at which you inform us of the right of revocation with respect to this agreement, compared to the total amount of services provided for in the agreement.
You can also use our model withdrawal form, which you can electronically download from our website www.runbase.berlin, which is not mandatory though. You can also make any other unequivocal declaration
adidas RUNBASE Berlin
§ 8 Set-off; Right of Retention
The customer has the right to offset only where its claims have been legally established, where we have recognized such claims or where the customer’s claims are undisputed. The customer is also entitled to offset against our claims in the event where the customer asserts counterclaims arising from the same agreement. Customers may exercise a right of retention only where their counterclaim is based on the same agreement.
§ 9 Liability towards Consumers
(1) The following rules for the liability towards consumers shall apply to consumers within the meaning of the preceding § 1 para 2 of these GTC.
(2) The customer is basically entitled to the statutory liability rights, which are modified by the following regulations though.
(3) We shall assume unlimited liability, without prejudice to the foregoing rules and the following limitations of liability, for injury to life, limb or health caused by any negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damages covered by the liability under the Product Liability Act, and for any and all damages caused by intentional or gross negligence or bad faith on the part of our legal representatives or our vicarious agents.
(4) We shall also assume liability for damages caused by simple negligence where such negligence relates to the breach of contractual obligations, where it is of particular importance for the fulfillment of the purpose of the contract (cardinal obligations). However, we are only liable in the event where the damages are typically associated with the contract and foreseeable. We are not liable for the simple, negligent violation of non-fundamental secondary obligations. The liability limitations under sentences 1 – 3 shall also apply in such cases affecting the liability for the legal representatives, executives and other vicarious agents.
(5) We are not liable for damages resulting from the improper use of the services or interventions by third parties, who have not been unauthorized by us. The same applies to damages due to the improper use or operation of devices, influences of external or third-party software.
(6) Any further liability shall be excluded regardless of the legal nature of the asserted claim. Insofar as our liability is excluded or limited, this shall also apply to the personal liability to be assumed by our employees, staff members, workers, representatives and vicarious agents.
§ 10 Warranty and Liability Towards Entrepreneurs
(1) The following provisions for warranty and liability towards entrepreneurs apply only to entrepreneurs within the meaning of the preceding § 1 para 2 of these GTC.
(2) We are liable according to legal regulations, insofar as the customer claims damages based on intent or gross negligence, including the intent or gross negligence on the part of our representatives or vicarious agents. Where we are not charged with any intentional violation of the agreement, such liability for damages shall be limited to the foreseeable, typically occurring damage.
(3) We shall be liable according to statutory provisions if we culpably violate an essential contractual obligation; also in this case, the liability for damages shall be limited to foreseeable, typically occurring damage. An essential contractual obligation exists if the breach of duty relates to an obligation the customer did and could rely on.
(4) The liability for culpable injury to life, limb or health shall remain unaffected hereof.
(5) Unless stipulated otherwise above, liability shall be excluded.
§ 11 Data Protection Information
We collect, process and use your personal information, especially your contact information, in order to process your booking, including your email address provided that you gave it to us. For credit assessment, we may rely on information from external service providers to assist us in our decision and may make the type of payment depend on it. The information also includes information about your address.
Protecting your privacy is important to us. In the following, we will give you detailed information about the handling of your data.
Collection, Processing and Use of Personal Data
Personal information is collected by us if you provide us with them at the time of booking or when opening a customer account or registering for our newsletter. We exclusively use the data you have provided us with for the fulfillment and completion of your booking unless you separately consent to any use beyond such use of these data. Upon completion of the agreement and full payment, your data will be blocked for further use and deleted after the tax and other legal retention periods unless you have expressly consented to the further use of your data. When registering for the newsletter, your email address will be used for our own promotional purposes, until you unsubscribe from a newsletter. Such cancellation is possible at any time.
Disclosure of Personal Data
Your data will be passed on to the shipping company entrusted with the performance, to the extent required for the performance of the product. For the settlement of payments, we will disclose your payment details to the credit institute entrusted with payment.
Right of Access to Personal Data
Pursuant to the federal privacy regulations, including but not limited to the Federal Data Protection Act (BDSG), you have a right to free information of the data stored about you and a right to correct, block or delete your data. We save the wording of the agreement with your booking and send you the order data by e-mail. You can also view your previous bookings in our customer login area.
Contact Person for Privacy Issues
For questions regarding the collection, processing or use of personal information, the disclosure, correction, blocking or deletion of data and revocation of consents granted, please contact:
adidas RUNBASE Berlin
§ 12 Applicable Law; Place of Jurisdiction and Place of Performance
(1) The law of the Federal Republic of Germany shall apply to any and all legal transactions or other legal relations between the customer and our company.
(2) In the event where you are an entrepreneur as our customer, our place of business, to the extent permitted by law, shall be both the place of jurisdiction and performance. However, we are also entitled to sue you at your headquarters in this case.
§ 13 Severability Clause
Where individual provisions under this GTC become legally invalid, in full or in part, this shall not affect the validity of the remaining GTC. The invalid provision shall be replaced by statutory provisions. The same applies if the GTC reveal any gap, which was not anticipated or identifiable.
Information about the online dispute resolution system: http://ec.europa.eu/consumers/odr/