Terms & Conditions
Customer Information and General Terms and Conditions for Czech Republic
Table of Contents
III. Conclusion of the Purchase Contract
IV. Performance of the Purchase Contract; Payment Processing; Delivery
I. Contractual Partner
Your contractual partner for all legal transactions within the scope of these General Terms and Conditions is us, the
CYBEX Retail GmbH
The company is registered in the Commercial Register of Bayreuth Local Court (HRB 7278).
VAT ID No.: DE815883540
General managers: Johannes Schlamminger
Fax: +49 92178511-999
II. Scope and Definitions
(1) These General Terms and Conditions shall apply to all product orders by you via the https://shop.cybex-online.com/ website and to all other legal transactions entered into between you and us, CYBEX Retail GmbH, by using this website, which will be referred to as “CYBEX Online Shop” hereinbelow.
(2) Our CYBEX Online Shop is directed exclusively to consumers.
(3) By placing an order in our CYBEX Online Shop, you acknowledge and agree that you are of legal age as required in your country to enter into binding contracts.
III. Conclusion of the Purchase Contract
1. Ordering and steps to conclude the contract
(1) The products displayed in the CYBEX Online Shop do not yet constitute a binding offer by us to enter into a purchase contract. It is only an invitation to you to submit a binding purchase offer.
(2) Prior to placing the first order, you may register as a new customer. You may also register at a later date. Placing an order is also possible without registration, i.e., as a guest.
The mandatory data requested in the course of the registration or ordering process must be provided truthfully. Where you provide additional voluntary information, any such information must also be truthful.
(3) Activating the “Add to Cart” button allows you to put the desired goods into the virtual shopping cart without obligation. The contents of the shopping cart may be viewed by activating the shopping cart button. You may also change the number of items placed in the shopping cart and remove items from the cart.
(4) After activating the “Proceed to Checkout” button, you will be asked to enter your personal data and to select the payment and shipping methods, unless you have already entered some of this information during your registration. Prior to the submission of your purchase offer, the contents of your order and other order data will be displayed in an overview.
Please check this overview carefully. You may correct or change your information if necessary. You may also cancel the order process at any time, e.g., by activating the “Back to Cart" button or by clicking on the CYBEX logo in the website header.
(5) By activating the “Buy Now” button, you will transmit your order to us and submit a binding offer to us to enter into a sales contract for the goods in the shopping cart.
(6) If you are placing an order of goods from the CYBEX Online Shop in our retail store, some steps to place an order and conclude the contract may differ. In this case, information on ordering and steps to conclude the contract will be provided to you by the retail store employee who is in charge of creating your order. The information contained in these General Terms and Conditions apply appropriately.
2. Acceptance, Confirmation of contract and other contract requirements
(1) Upon receipt of your order, we will send you an email confirming receipt of your order and listing its details (acknowledgment of receipt) without undue delay. This acknowledgment of receipt does not yet represent an acceptance of your purchase offer.
(2) You will be notified by email about shipping of the ordered goods as soon as we have handed over the goods to the transport company (shipping confirmation). Unless we expressly state otherwise, the shipping confirmation also represents our binding acceptance of your purchase offer.
3. Information about your right of revocation
(1) As a consumer within the meaning of the Civil Code, you have the following right of revocation.
Right of revocation instruction
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day of taking possession of the goods by you or by a third party designated by you, who is not the carrier (or from the day of taking possession of the last item in the event of a contract for several items ordered as part of a single order and delivered separately).
In the event of a contract for the delivery of goods in several partial shipments or units, the revocation period is fourteen days from the day of taking possession of the last partial shipment or the last item by you or by a third party designated by you, who is not the carrier.
To exercise your right of revocation, you must notify us at the following address
CYBEX Online Shop
by way of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the revocation form below, which is, however, not mandatory.
For compliance with the revocation period, it will be sufficient to send the notification of exercising of the right of revocation prior to the end of the revocation period.
Consequences of revocation
If you revoke this contract, we will have to reimburse you for all payments received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the most inexpensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. Unless expressly agreed otherwise with you, we will use the same means of payment that you used for the original transaction for any such refund; in no event will you be charged for any refund.
We may refuse a refund until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without undue delay and in any event not later than within fourteen days from the day you have notified us of the revocation of this contract. The goods must be returned to any of our establishments or shipped to the address:
CYBEX Online Shop
The deadline is considered observed if you dispatch the goods prior to the end of the fourteen-day period.
If the returned goods are shipped within the Federal Republic of Germany, the costs of returning the goods will be borne by us. In all other events, the direct costs of returning the goods will have to be borne by you. View our table of costs for reference.
You will only be liable for any loss of value of the goods if such loss of value is due to handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.
End of the revocation instruction
(2) Exclusion of the right of revocation:
According to the Civil Code, a right of revocation does not exist for the following contracts, unless the parties have agreed otherwise:
- contracts for the supply of goods which were customised or personalised;
- contracts for the delivery of sealed goods that are not suitable for return on grounds of health protection or hygiene if their seal has been removed after delivery.
If you want to revoke the contract, please fill out this form and return it to:
CYBEX Online Shop
I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of communication on paper)
(*) delete as applicable
4. Additional voluntary right of return
(1) In addition to the statutory right of revocation, we are granting you a voluntary right of return of a total of 30 days. The period will commence on the day after receipt of the goods.
Within this 30-day period, you may cancel the contract (even after the 14-day revocation period) by returning the goods to us. This does not apply to goods that are also excluded from the statutory right of revocation.
To exercise your right of return, it is required that the goods are complete, in their original packaging and in an unused and undamaged condition. No seals on the goods may be damaged or removed. The deadline is considered observed if you dispatch the goods in time.
The goods must be returned to:
CYBEX Online Shop
If you return goods in accordance with such voluntarily granted right of return, we will reimburse you for the purchase price paid after receiving the goods. If the returned goods are shipped within the Federal Republic of Germany, the costs of returning the goods will also be borne by us.
(2) Your statutory right of revocation and your other legal rights will remain unaffected by such voluntarily granted right of return.
5. Additional information
(1) We are storing the contractual text of the orders, which may be accessed by you after completion of the ordering process. You may also print out your order information upon sending your order. Upon our acknowledgment of receipt, but no later than upon delivery of the goods, we will also provide you with the contents of the contract in text form (email or hard copy).
(2) These Terms and Conditions may be viewed, saved and printed out at any time on our CYBEX Online Shop website under the hyperlink “Terms and Conditions”.
(3) The contract will be concluded and performed either in German or in English, depending on your choice of language in the CYBEX Online Shop.
(4) On our part, you do not incur any increased costs of using remote communication means through which you communicate with us and conclude the contract. However, you will still be obliged to pay standard fees for the use of such means to your respective service provider.
(5) We require advance payments to be made in connection with purchase of goods only in case you choose pre-payment as the payment method according to Article IV para 2 (1) below.
(6) In our business activities we act in compliance with effective laws. However, we are not bound by any code of conduct.
IV. Performance of the Purchase Contract; Payment Processing; Delivery
1. Prices and shipping costs; Special offers; Availability; Delivery restrictions
(1) Our prices include statutory value-added tax as applicable at the time of your order.
(2) We charge a flat rate for shipping. The rate for standard shipping within Germany is EUR 7.90. For any other EU Member States to which we deliver, a flat-rate shipping charge of EUR 9.90 applies.
The shipping costs will be clearly communicated to you again at least on the product detail page (where applicable, via a hyperlink).
(3) Please note that we are usually only able to feature special offers within a limited period of time. The goods displayed in the CYBEX Online Shop are also subject to different availability. The availability of a product may also vary depending on your specifications (such as size or colour). If a product is unavailable, this will be indicated at the respective product information.
If it turns out upon receipt of your order that the goods ordered from us are temporarily unavailable, we will notify you in the acknowledgment of receipt without undue delay or contact you (e.g., by additional email). If the goods are permanently out of stock, we will be unable to accept your order so that in such event, no contract will come into existence.
2. Payment methods and terms of payment; Scoring
(1) Payment for the goods is to be made by one of the payment methods listed below. We shall be entitled, however, to exclude certain payment methods in individual cases.
Credit card: When paying by credit card, the amount will be debited when the goods are shipped. We accept American Express, VISA, and Mastercard.
PayPal: You will need a PayPal account to pay with the PayPal online payment service. If you select this payment method, you will be redirected to the PayPal website for payment. The amount will be debited upon shipment of the goods.
Apple Pay: Apple Pay is a payment method offered by Apple Inc. To use Apple Pay, you must activate the Apple Pay function (e.g., on your iPhone), identify yourself with your access data and confirm the payment order. The amount will be debited upon shipment of the goods.
Gift voucher: Gift vouchers and the relevant credit balances associated with them may only be redeemed before the order process is completed. Any use after completion of the order process is not possible. The credit balance of a gift voucher will neither be paid out in cash nor does it bear interest.
(2) Irrespective of the selected payment method, you will receive an invoice at the latest together with delivery of the goods. If the invoice address differs from the delivery address, we will send the invoice by post to the invoice address or by e-mail to the e-mail address provided to us by you.
3. Delivery times; Shipping and transfer of risk; Partial deliveries; Default
(1) The delivery times listed in the table in the CYBEX Online Shop apply to deliveries within Germany and are understood to be starting with our binding acceptance of your purchase offer.
Information on delivery times for deliveries to other countries are also listed in the table.
(2) Deliveries will be made to the delivery address specified by you. Shipments will be carried out by a suitable transport company. The risk of accidental loss of the ordered goods shall pass to you as soon as the goods have been handed over to you or your authorized representative or if you are in default of acceptance.
(3) We shall be entitled to make partial deliveries, provided such are reasonable for you. Where partial deliveries are made, any additional shipping costs shall be borne by us.
(4) If you are in arrears with payment, we reserve the right to claim the statutory default interest from you. The assertion of additional damages caused by default shall remain reserved.
4. Retention of title; Offsetting and retention
(1) The goods shall remain our property until the invoice amount has been paid in full.
(2) You may only set off claims against our claims with counterclaims that are due and are not uncertain or indeterminate.
(3) Rights of retention are only permitted where they relate to claims based on the same contractual relationship.
5. Your rights relating to defects
(1) We shall be liable to you for a defect-free condition of goods upon takeover. We shall be in particular liable to ensure that at the time you take over the goods:
a) the goods have the properties stipulated by the parties, and in the absence of such a stipulation such properties which we or producer described, or which you expected given the nature of the goods concerned and the advertising presented us or producer;
b) the goods are suitable to be used for the purpose stated by us or to which the goods of such kind are usually used;
c) the goods’ quality or design corresponds to the agreed sample or model if such quality or design was determined on the basis of an agreed sample or model;
d) the goods have adequate quantity or weight; and
e) the goods meet the requirements laid down by legal regulations.
(2) If a defective performance constitutes a fundamental breach of contract, you have a right to:
a) have the defect removed by having a new defect-free goods or a missing goods supplied;
b) the removal of the defect by having the goods repaired;
c) a reasonable reduction of the purchase price; or
d) withdraw from the contract.
(3) You shall notify us of the right you have chosen upon the notification of the defect or without undue delay thereafter. You may not change the choice made without our consent; this does not apply if you requested the repair of a defect which proves to be irreparable. If we fail to remove the defects within a reasonable time limit or if we notify you that we will not remove the defects, you may, instead of having the defects removed, request a reasonable reduction of the purchase price or withdraw from the contract.
(4) If a defective performance constitutes a non-fundamental breach of contract, you have a right to have the defects removed, or to a reasonable reduction of the purchase price. Until you assert your right to a reduction of the purchase price or withdraw from the contract, we may supply what is missing or remove a legal defect. We may remove other defects by repairing the goods or supplying a new goods, the choice being the ours; our choice must not cause you to incur unreasonable costs.
(5) If we fail to remove a defect of the goods in time or refuses to remove the defect, you may request a reduction of the purchase price or withdraw from the contract. You may not change your choice without our consent.
(6) You are entitled to assert your right arising from a defect which occurs in consumer goods within twenty-four months from the takeover, unless a longer period is specified for an individual product when buying it. This does not apply:
a) to a defect of the goods sold for a lower price for which the lower price was stipulated;
b) to the wear and tear of the goods caused by its normal use;
c) to a defect of used goods corresponding to the extent of use of the goods or its wear and tear upon takeover by you;
d) if it follows from the nature of the goods.
(7) In the event that we provide you with the performance that shows defects, you are entitled to file a complaint with us without undue delay via email: firstname.lastname@example.org, via a postal service provider on our address: CYBEX Online Shop, Dornierstraße 9, 49090 Osnabrück, Germany, or in person at any of our branches.
(8) You are obliged to exercise your rights from defects immediately after the defect has been discovered, or immediately after you have been able to detect the defect with usual attention. The grounds of the complaint in written must contain any and all data that is required for the review thereof, in particular:
a) your name, surname and contact details (telephone, email);
b) description of the facts justifying your complaint;
c) receipts and documents relating to the alleged facts;
d) required solution.
(9) Based on your information, we will decide on the justification of the complaint, and we are obliged to review and settle the complaint without undue delay and to inform you about the result of the complaint procedure no later than 30 days following the date of submission of the complaint. If your complaint is accepted, we will inform you how it will be resolved, unless you explicitly asserted a particular claim arising for you by law.
V. Miscellaneous Provisions
1. Applicable law and legal venue
Our contractual relationship shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the State in which you as a consumer have your habitual residence shall, however, remain unaffected.
2. Place of performance
Unless expressly agreed otherwise or stipulate otherwise by mandatory provisions for the protection of consumers, the place of performance shall be the place of our registered office listed in Chapter I.
3. Information under the German Act on Alternative Dispute Resolution in Consumer Matters
The supervisory authorities that supervise our activities, which you can turn to as entities for out-of-court settlement of consumer disputes in the event of complaints, are the following:
a) Česká obchodní inspekce (Czech Trade Inspection Authority), with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: https://adr.coi.cz/cs, in the field of consumer protection or alternatively another consumer protection supervisory authority competent under national law;
b) at the field of consumer protection at the EU level European Consumer Center with its registered office at Štěpánská 567, 120 00 Prague 2, website: https://ec.europa.eu/info/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint/european-consumer-centres-network-ecc-net_en.
There is no obligation or willingness to participate in dispute resolution proceedings before a consumer arbitration board.
EU Commission online dispute resolution: www.ec.europa.eu/consumers/odr.