Table of Contents<\/h2>\n\n- Scope of Application<\/li>\n
- Conclusion of the Contract<\/li>\n
- Right to Cancel<\/li>\n
- Prices and Payment Conditions<\/li>\n
- Shipment and Delivery Conditions<\/li>\n
- Reservation of Proprietary Rights<\/li>\n
- Warranty<\/li>\n
- Liability<\/li>\n
- Applicable Law<\/li>\n
- Place of Jurisdiction<\/li>\n
- Alternative dispute resolution<\/li>\n<\/ol>\n\n
1) Scope of Application<\/h2>\n\n
1.1<\/b> These General Terms and Conditions (hereinafter referred to as "GTC") of the company Ultrasport GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and\/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.<\/p>\n\n
1.2<\/b> A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.<\/p>\n\n
1.3<\/b> A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.<\/p>\n\n2) Conclusion of the Contract<\/h2>\n\n
2.1<\/b> The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.<\/p>\n\n
2.2<\/b> The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and\/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and\/or services contained in the shopping cart.<\/p>\n\n
2.3<\/b> The Seller may accept the Client’s offer within five days,
\n- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
\n- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
\n- by requesting the Client to pay after he placed his order.<\/p>\n\n
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.<\/p>\n\n
2.4<\/b> If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https:\/\/www.paypal.com\/de\/legalhub\/paypal\/useragreement-full?locale.x=en_DE<\/a> or, if the Client does not have a PayPal account, subject to the Terms for payments without a PayPal account, available at https:\/\/www.paypal.com\/de\/legalhub\/paypal\/privacy-full?locale.x=en_DE<\/a>. If the Client pays by means of a method of payment offered by PayPal which can be selected in the online order process, the Seller hereby declares the acceptance of the Client's offer at the time when the Client clicks on the button concluding the order process.<\/p>\n\n2.5<\/b> If the Client chooses the payment method “Amazon Payments”, payments are processed by the payment service provider Amazon Payments Europe S.C.A., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as „Amazon“).<\/p>\n\n
If the Client chooses “Amazon Payments” as payment method during the online ordering process, he, at the same time, makes a payment order to Amazon when initiating the payment transaction by clicking the button finalizing the ordering process. In this case, the Seller declares his acceptance of the Client’s offer at the time when the Client initiates the payment transaction by clicking the button finalizing the ordering process.<\/p>\n\n
2.6<\/b> When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.<\/p>\n\n
2.7<\/b> Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
\nThe Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.<\/p>\n\n
2.8<\/b> The German and the English language are exclusively available for the conclusion of the contract.<\/p>\n\n
2.9<\/b> Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.<\/p>\n\n3) Right to Cancel<\/h2>\n\n
3.1<\/b> Consumers are entitled to the right to cancel.<\/p>\n\n
3.2<\/b> Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.<\/p>\n\n4) Prices and Payment Conditions<\/h2>\n\n
4.1<\/b> Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description<\/p>\n\n
4.2<\/b> Payment can be made using one of the methods mentioned in the Seller’s online shop .<\/p>\n\n
4.3<\/b> If a payment method offered via the payment service "PayPal" is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal that involve advance payments to the client (e.g., purchase on account or payment by instalments), he shall assign his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the client. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted client data. The seller reserves the right to refuse the client the selected payment method in the event of a negative check result. If the selected payment method is approved, the client must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g., about the goods, delivery time, dispatch, returns, complaints, cancellation declarations and deliveries or credit notes..<\/p>\n\n
4.4<\/b> If a payment method offered via the payment service "Stripe" is selected, the payment shall be processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). The individual payment methods offered via Stripe are communicated to the customer in the seller's online shop. For the processing of payments, Stripe may use the services of third party payment service providers, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Stripe" is available on the Internet at https:\/\/stripe.com<\/a>.<\/p>\n\n4.5<\/b> When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this payment method if the credit check is negative.<\/p>\n\n5) Shipment and Delivery Conditions<\/h2>\n\n
5.1<\/b> If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.<\/p>\n\n
5.2<\/b> Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.<\/p>\n\n
5.3<\/b> Personal collection is not possible for logistical reasons.<\/p>\n\n
5.4<\/b> If the customer is a consumer resident in Germany or a business, the seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to the seller. However, this applies only if the seller is not responsible for the non-delivery and has, with due care, entered into a specific covering transaction with the supplier. The seller will make every reasonable effort to obtain the goods. In the event that the goods are unavailable or only partially available, the customer will be informed immediately and the payment will be refunded without delay.<\/p>\n\n6) Reservation of Proprietary Rights<\/h2>\n\n
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.<\/p>\n\n
7) Warranty<\/h2>\n\n
7.1<\/b> Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:<\/p>\n\n
7.2<\/b> If the Client acts as trader<\/p>\n\n\n- the Seller may choose the type of subsequent performance,<\/li>\n
- for new goods, the limitation period for claims for defects shall be one year from delivery of the goods,<\/li>\n
- for used goods, the rights and claims for defects are excluded,<\/li>\n
- the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.<\/li>\n<\/ul>\n\n
7.3<\/b> The above-mentioned limitations of liability and shortening of the period of limitation do not apply<\/p>\n\n\n- to claims for damages and reimbursement of expenses of the Client,<\/li>\n
- if the Seller has fraudulently concealed the defect,<\/li>\n
- for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,<\/li>\n
- for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.<\/li>\n<\/ul>\n\n
7.4<\/b> Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.<\/p>\n\n
7.5<\/b> If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.<\/p>\n\n
7.6<\/b> If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.<\/p>\n\n8) Liability<\/h2>\n\n
The Seller is liable to the Client for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:<\/p>\n\n
8.1<\/b> The Seller is liable without limitation for any legal reason<\/p>\n\n\n- in the event of intent or gross negligence,<\/li>\n
- in the event of intentional or negligent injury to life, body or health,<\/li>\n
- due to a guarantee promise, unless otherwise regulated in this regard,<\/li>\n
- due to mandatory liability such as under the German Product Liability Act (Produkthaftungsgesetz).<\/li>\n<\/ul>\n\n
8.2<\/b> If the Client is a consumer resident in Germany or a business, the following limitations of liability apply:<\/p>\n\n
If the Seller negligently breaches an essential contractual obligation, his liability is limited to the foreseeable damage typical for this type of contract, unless he is liable without limitation in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the Seller, by virtue of its content, in order to achieve the purpose of the contract; the fulfilment of which is essential for the proper performance of the contract; and on the observance of which the Client may reasonably rely. In all other respects, the Seller’s liability is excluded, unless the Seller is liable without limitation in accordance with the preceding clause.<\/p>\n\n
8.3<\/b> The above liability provisions also apply with regard to the liability of the Seller for his vicarious agents and legal representatives.<\/p>\n\n9) Applicable Law<\/h2>\n\n
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For Consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the Consumer has his habitual residence.<\/p>\n\n
10) Place of Jurisdiction<\/h2>\n\n
If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.<\/p>\n\n
11) Alternative dispute resolution<\/h2>\n\n
The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.<\/p><\/div>
![\"©](\"https:\/\/www.it-recht-kanzlei.de\/logo\/Copyright-Logo_AGB.png?i=359f0-1c172-39c7-907d-1\" "\\"©")
<\/a><\/div>Version: 24.07.2026, 15:08:25<\/div><\/div><\/div><\/div>[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":"UltrAspire Site\/Store Terms and Conditions
Table of Contents<\/h2>\n\n- Scope of Application<\/li>\n
- Conclusion of the Contract<\/li>\n
- Right to Cancel<\/li>\n
- Prices and Payment Conditions<\/li>\n
- Shipment and Delivery Conditions<\/li>\n
- Reservation of Proprietary Rights<\/li>\n
- Warranty<\/li>\n
- Liability<\/li>\n
- Applicable Law<\/li>\n
- Place of Jurisdiction<\/li>\n
- Alternative dispute resolution<\/li>\n<\/ol>\n\n
1) Scope of Application<\/h2>\n\n
1.1<\/b> These General Terms and Conditions (hereinafter referred to as "GTC") of the company Ultrasport GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and\/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.<\/p>\n\n
1.2<\/b> A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.<\/p>\n\n
1.3<\/b> A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.<\/p>\n\n2) Conclusion of the Contract<\/h2>\n\n
2.1<\/b> The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.<\/p>\n\n
2.2<\/b> The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and\/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and\/or services contained in the shopping cart.<\/p>\n\n
2.3<\/b> The Seller may accept the Client’s offer within five days,
\n- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
\n- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
\n- by requesting the Client to pay after he placed his order.<\/p>\n\n
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.<\/p>\n\n
2.4<\/b> If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https:\/\/www.paypal.com\/de\/legalhub\/paypal\/useragreement-full?locale.x=en_DE<\/a> or, if the Client does not have a PayPal account, subject to the Terms for payments without a PayPal account, available at https:\/\/www.paypal.com\/de\/legalhub\/paypal\/privacy-full?locale.x=en_DE<\/a>. If the Client pays by means of a method of payment offered by PayPal which can be selected in the online order process, the Seller hereby declares the acceptance of the Client's offer at the time when the Client clicks on the button concluding the order process.<\/p>\n\n2.5<\/b> If the Client chooses the payment method “Amazon Payments”, payments are processed by the payment service provider Amazon Payments Europe S.C.A., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as „Amazon“).<\/p>\n\n
If the Client chooses “Amazon Payments” as payment method during the online ordering process, he, at the same time, makes a payment order to Amazon when initiating the payment transaction by clicking the button finalizing the ordering process. In this case, the Seller declares his acceptance of the Client’s offer at the time when the Client initiates the payment transaction by clicking the button finalizing the ordering process.<\/p>\n\n
2.6<\/b> When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.<\/p>\n\n
2.7<\/b> Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
\nThe Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.<\/p>\n\n
2.8<\/b> The German and the English language are exclusively available for the conclusion of the contract.<\/p>\n\n
2.9<\/b> Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.<\/p>\n\n3) Right to Cancel<\/h2>\n\n
3.1<\/b> Consumers are entitled to the right to cancel.<\/p>\n\n
3.2<\/b> Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.<\/p>\n\n4) Prices and Payment Conditions<\/h2>\n\n
4.1<\/b> Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description<\/p>\n\n
4.2<\/b> Payment can be made using one of the methods mentioned in the Seller’s online shop .<\/p>\n\n
4.3<\/b> If a payment method offered via the payment service "PayPal" is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal that involve advance payments to the client (e.g., purchase on account or payment by instalments), he shall assign his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the client. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted client data. The seller reserves the right to refuse the client the selected payment method in the event of a negative check result. If the selected payment method is approved, the client must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g., about the goods, delivery time, dispatch, returns, complaints, cancellation declarations and deliveries or credit notes..<\/p>\n\n
4.4<\/b> If a payment method offered via the payment service "Stripe" is selected, the payment shall be processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). The individual payment methods offered via Stripe are communicated to the customer in the seller's online shop. For the processing of payments, Stripe may use the services of third party payment service providers, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Stripe" is available on the Internet at https:\/\/stripe.com<\/a>.<\/p>\n\n4.5<\/b> When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this payment method if the credit check is negative.<\/p>\n\n5) Shipment and Delivery Conditions<\/h2>\n\n
5.1<\/b> If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.<\/p>\n\n
5.2<\/b> Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.<\/p>\n\n
5.3<\/b> Personal collection is not possible for logistical reasons.<\/p>\n\n
5.4<\/b> If the customer is a consumer resident in Germany or a business, the seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to the seller. However, this applies only if the seller is not responsible for the non-delivery and has, with due care, entered into a specific covering transaction with the supplier. The seller will make every reasonable effort to obtain the goods. In the event that the goods are unavailable or only partially available, the customer will be informed immediately and the payment will be refunded without delay.<\/p>\n\n6) Reservation of Proprietary Rights<\/h2>\n\n
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.<\/p>\n\n
7) Warranty<\/h2>\n\n
7.1<\/b> Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:<\/p>\n\n
7.2<\/b> If the Client acts as trader<\/p>\n\n\n- the Seller may choose the type of subsequent performance,<\/li>\n
- for new goods, the limitation period for claims for defects shall be one year from delivery of the goods,<\/li>\n
- for used goods, the rights and claims for defects are excluded,<\/li>\n
- the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.<\/li>\n<\/ul>\n\n
7.3<\/b> The above-mentioned limitations of liability and shortening of the period of limitation do not apply<\/p>\n\n\n- to claims for damages and reimbursement of expenses of the Client,<\/li>\n
- if the Seller has fraudulently concealed the defect,<\/li>\n
- for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,<\/li>\n
- for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.<\/li>\n<\/ul>\n\n
7.4<\/b> Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.<\/p>\n\n
7.5<\/b> If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.<\/p>\n\n
7.6<\/b> If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.<\/p>\n\n8) Liability<\/h2>\n\n
The Seller is liable to the Client for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:<\/p>\n\n
8.1<\/b> The Seller is liable without limitation for any legal reason<\/p>\n\n\n- in the event of intent or gross negligence,<\/li>\n
- in the event of intentional or negligent injury to life, body or health,<\/li>\n
- due to a guarantee promise, unless otherwise regulated in this regard,<\/li>\n
- due to mandatory liability such as under the German Product Liability Act (Produkthaftungsgesetz).<\/li>\n<\/ul>\n\n
8.2<\/b> If the Client is a consumer resident in Germany or a business, the following limitations of liability apply:<\/p>\n\n
If the Seller negligently breaches an essential contractual obligation, his liability is limited to the foreseeable damage typical for this type of contract, unless he is liable without limitation in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the Seller, by virtue of its content, in order to achieve the purpose of the contract; the fulfilment of which is essential for the proper performance of the contract; and on the observance of which the Client may reasonably rely. In all other respects, the Seller’s liability is excluded, unless the Seller is liable without limitation in accordance with the preceding clause.<\/p>\n\n
8.3<\/b> The above liability provisions also apply with regard to the liability of the Seller for his vicarious agents and legal representatives.<\/p>\n\n9) Applicable Law<\/h2>\n\n
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For Consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the Consumer has his habitual residence.<\/p>\n\n
10) Place of Jurisdiction<\/h2>\n\n
If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.<\/p>\n\n
11) Alternative dispute resolution<\/h2>\n\n
The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.<\/p><\/div>
<\/a><\/div>Version: 24.07.2026, 15:08:25<\/div><\/div><\/div><\/div><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":30,"menu_order":0,"comment_status":"open","ping_status":"closed","template":"","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"UltrAspire Site\/Store Terms and Conditions<\/h1>
Purchaser, by placing an order, makes an offer to purchase pursuant to these terms and conditions, which offer, if accepted by UltrAspire, is accepted within the State of Utah and Idaho, and purchaser consents to the jurisdiction of the courts of the courts of the State of Utah or Idaho at UltrAspire\u2019s discretion for the limited purpose of dispute arising between the parties resulting from this transaction and agrees that the laws of the State of Utah and\/or Idaho shall apply.<\/p>
By opening or using a product purchased from UltrAspire, the purchaser agrees to be bound by the term and conditions of sale as set forth below. If you do not agree to the terms and conditions of sale, please ship the product back to UltrAspire unopened within 5 days of receipt for a full refund (less shipping and handling charges).<\/p>
UltrAspire makes no warranty, either expressed or implied, of merchantability or fitness for any particular purpose, and law shall imply no such warranties.<\/p>
Final determination of suitability of any item sold for the use contemplated by purchaser is the sole responsibility of the purchaser, and Seller shall have no responsibility in connection with such determination.<\/p>
UltrAspire will not be responsible for any consequential or incidental damages resulting from the sale, non-delivery, use or improper function of any equipment purchased from UltrAspire. The responsibility, if any is imposed, of UltrAspire in regard to any item purchased shall be limited to the monetary value of the merchandise purchased.<\/p>
Order Acceptance and Limitations<\/h3>
Order confirmation given to you through UltrAspire does not guarantee our acceptance of your order, nor does it constitute confirmation of an offer to sell. UltrAspire reserves the right to decline and cancel an order, or supply less than quantity ordered at any time.<\/p>
At times, we may experience a shortage of certain items. At these times, we reserve the right to restrict the quantity of a particular item ordered. We will notify you if a situation like this occurs. In addition, UltrAspire may, at its own discretion, limit quantities sold in each order or to each person or per household.<\/p>
Some items, as applicable, may be ordered by, and intended solely for use by, students, teachers, or faculty members at educational institutions and\/or for military personnel. Upon order of such items, UltrAspire may request verification of military or educational status (e.g. student ID or proof or military service).<\/p>
We do not sell items to those who intend to resell products offered through UltrAspire.com, including dealers, resellers, exporters, wholesalers, or customers. UltrAspire reserves the right to decline or cancel an order at any time.<\/p>
Typographical, Illustration and Price Errors<\/h3>
UltrAspire.com is intended to be a guide only. Some item illustrations are for display purposes only, may not be exact, and are not necessarily included in the purchase price. UltrAspire is not responsible for typographical or pictorial errors, and specifications may change without notice.<\/p>
All items offered for sale are subject to availability. Many items on our Web site or catalog site come from various sources. UltrAspire is, therefore, bound to fluctuating currency exchange rates, inflation of materials and other parts, labor and other price fluctuations, making it necessary to occasionally increase prices. In addition, some domestic and overseas products may be discontinued without our prior knowledge. Should this apply to your order, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.<\/p>
We make every effort to provide you with an error-free Web site. However, in the event there is a misprint, we reserve the right to correct copy or pricing to reflect the actual current status.<\/p>
Payment Methods<\/h3>
Credit Cards <\/strong><\/p>UltrAspire accepts VISA, MasterCard, American Express, Discover, PayPal and Bill Me Later. Your credit card is charged upon placing the order. If paying by Debit or Check Card, the funds are authorized as soon as the order is placed, which may immediately affect the availability of funds in the account.<\/p>
Please provide the correct billing information for the card being used. Billing information includes name, address and phone number of the card owner as recorded by the bank or card issuer. If using a shipping address that is different then the billing address, please provide a phone number for the shipping address.<\/p>
Checks\/COD <\/strong><\/p>We do not accept Checks or COD orders.<\/p>
Order Verification<\/h3>
Some orders might be subject to our verification procedure before we can process it. For your protection from credit card fraud or identity theft, we may ask you to verify that you\u2019re the card owner or that the order and the shipping information are valid. If your order requires verification, you will be notified by email within one business day.<\/p>
Sales Tax<\/h3>
Local sales tax applies to orders being delivered in Utah. We do not accept resale or tax exempt status on online orders. If you wish to apply a tax-exempt form to your order, please place your order by phone, email or fax. A verifiable tax-free identification number will be required.<\/p>
International orders are subject to tax, duty and import fees. See International Orders<\/a>.<\/p>Check Order Status<\/h3>
Simply log in to your account and check the progress of your order while it\u2019s being processed.<\/p>
- Pending<\/strong> - order has been submitted and is being imported to our database\u2028<\/span><\/li>
- On Hold<\/strong> - order is being verified or has payment issues\u2028<\/span><\/li>
- Ready<\/strong> - order is ready to be processed \u2028<\/span><\/li>
- Picked<\/strong> - order is currently being picked in the shipping department\u2028<\/span><\/li>
- Invoiced<\/strong> - order has been finalized and ready to be packed \u2028<\/span><\/li>
- Shipped<\/strong> - order has been shipped and is in transit\u2028<\/span><\/li>
- Backorder<\/strong> - one or more of the items in your order are out of stock; we are waiting for the item(s) to become available\u2028<\/span><\/li>
- Canceled<\/strong> - the order is canceled.<\/span><\/li><\/ul>
Track Your Order<\/h3>
You should receive a tracking number by email as soon as it is available. Note that it may take up to 24 hours to be updated online. You may track your order by logging in to your account and clicking the \u201cTrack Your Order<\/a>\u201d link.<\/p>Canceling\u00a0an Order<\/h3>
You may cancel your order provided it hasn\u2019t yet entered the shipping process. If the item has entered the shipping process, it cannot be canceled. However, you may return the item for a refund. See Return Policy<\/a>. Please note that if an item is refused upon delivery, the shipping and handling charges for both ways will be deducted from the credit, and at our discretion a restocking fee might also be deducted.<\/p>Backorder<\/h3>
We strive to keep most items in stock for immediate delivery. In the event that an item is out of stock or unable to be shipped for any reason, we will usually notify the purchaser within one business day. The order will remain open unless we are instructed to cancel it. When the item becomes available, it will be shipped. A credit card will is charged at the when the order is placed.<\/p>
Shipping Charges<\/h3>
Shipping charges are not included in our pricing. Please place your order in the \u201cShopping Cart<\/a>\u201d to view shipping charges.<\/p>Delivery Times<\/h3>
UltrAspire makes every effort to get your order to you as soon as possible. Orders for in-stock items will generally ship within 24-48 hours. Please note that weekend orders placed on Friday after 1:00 PM MST will be processed on the following business day. If there is a problem with your order, email notification will be sent within one business day.<\/p>
Shipping Destinations<\/h3>
UltrAspire ships throughout the U.S. and has International Dealers throughout the world. Please email us at customerservice@ultraspire.com<\/a> to get an international quote or find a retailer near you.<\/p>Delivery Requirements<\/h3>
A signature is required for most UPS shipments upon receipt. Someone must be at the address to receive the package and sign for it. Packages cannot be rerouted or picked up from UPS. If you require additional help to receive your package, please contact us<\/a>.
<\/a><\/p>Damaged \/ Missing items upon delivery<\/h3>
Damaged in Delivery:<\/strong> If you've found damage to the package or if merchandise is missing, please keep the original shipping carton and contact us immediately so we can issue a damage claim with the carrier. Please don't return the merchandise without going through these steps, as it delays the replacement of the order or the issuance of a credit.<\/p>Missing items:<\/strong> All missing items claims must be reported within 5 business days of delivery.<\/p>International Orders<\/h3>
International tax and duty: International shipments are subject to import fees, duties and taxes, which are levied once a shipment reaches a country, in addition to the brokerage fees\/custom clearance charges may be imposed by the carrier. These charges must be borne by the recipient. UltrAspire has no control over these charges and cannot predict what they might be.<\/p>
Due to high International shipping costs, taxes and duty fees, we cannot ship any order that includes backordered items. We will hold the order until all items are in stock and available to ship. Please contact us if you wish to cancel or change ordered items.<\/p>
If an International shipment is refused and\/or returned, any taxes, duties, custom fees, brokerage fees or shipping charges incurred from this return, will be the responsibility of the customer.<\/p>","_et_gb_content_width":"","footnotes":""},"class_list":["post-32","page","type-page","status-publish","hentry"],"yoast_head":"\n
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1) Scope of Application<\/h2>\n\n
1.1<\/b> These General Terms and Conditions (hereinafter referred to as "GTC") of the company Ultrasport GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and\/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.<\/p>\n\n
1.2<\/b> A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.<\/p>\n\n
1.3<\/b> A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.<\/p>\n\n2) Conclusion of the Contract<\/h2>\n\n
2.1<\/b> The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.<\/p>\n\n
2.2<\/b> The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and\/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and\/or services contained in the shopping cart.<\/p>\n\n
2.3<\/b> The Seller may accept the Client’s offer within five days,
\n- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
\n- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
\n- by requesting the Client to pay after he placed his order.<\/p>\n\n
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.<\/p>\n\n
2.4<\/b> If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https:\/\/www.paypal.com 2.5<\/b> If the Client chooses the payment method “Amazon Payments”, payments are processed by the payment service provider Amazon Payments Europe S.C.A., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as „Amazon“).<\/p>\n\n If the Client chooses “Amazon Payments” as payment method during the online ordering process, he, at the same time, makes a payment order to Amazon when initiating the payment transaction by clicking the button finalizing the ordering process. In this case, the Seller declares his acceptance of the Client’s offer at the time when the Client initiates the payment transaction by clicking the button finalizing the ordering process.<\/p>\n\n 2.6<\/b> When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.<\/p>\n\n 2.7<\/b> Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors. 2.8<\/b> The German and the English language are exclusively available for the conclusion of the contract.<\/p>\n\n 2.9<\/b> Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.<\/p>\n\n 3.1<\/b> Consumers are entitled to the right to cancel.<\/p>\n\n 3.2<\/b> Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.<\/p>\n\n 4.1<\/b> Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description<\/p>\n\n 4.2<\/b> Payment can be made using one of the methods mentioned in the Seller’s online shop .<\/p>\n\n 4.3<\/b> If a payment method offered via the payment service "PayPal" is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal that involve advance payments to the client (e.g., purchase on account or payment by instalments), he shall assign his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the client. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted client data. The seller reserves the right to refuse the client the selected payment method in the event of a negative check result. If the selected payment method is approved, the client must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g., about the goods, delivery time, dispatch, returns, complaints, cancellation declarations and deliveries or credit notes..<\/p>\n\n 4.4<\/b> If a payment method offered via the payment service "Stripe" is selected, the payment shall be processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). The individual payment methods offered via Stripe are communicated to the customer in the seller's online shop. For the processing of payments, Stripe may use the services of third party payment service providers, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Stripe" is available on the Internet at https:\/\/stripe.com<\/a>.<\/p>\n\n 4.5<\/b> When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this payment method if the credit check is negative.<\/p>\n\n 5.1<\/b> If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.<\/p>\n\n 5.2<\/b> Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.<\/p>\n\n 5.3<\/b> Personal collection is not possible for logistical reasons.<\/p>\n\n 5.4<\/b> If the customer is a consumer resident in Germany or a business, the seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to the seller. However, this applies only if the seller is not responsible for the non-delivery and has, with due care, entered into a specific covering transaction with the supplier. The seller will make every reasonable effort to obtain the goods. In the event that the goods are unavailable or only partially available, the customer will be informed immediately and the payment will be refunded without delay.<\/p>\n\n If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.<\/p>\n\n 7.1<\/b> Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:<\/p>\n\n 7.2<\/b> If the Client acts as trader<\/p>\n\n 7.3<\/b> The above-mentioned limitations of liability and shortening of the period of limitation do not apply<\/p>\n\n 7.4<\/b> Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.<\/p>\n\n 7.5<\/b> If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.<\/p>\n\n 7.6<\/b> If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.<\/p>\n\n The Seller is liable to the Client for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:<\/p>\n\n 8.1<\/b> The Seller is liable without limitation for any legal reason<\/p>\n\n 8.2<\/b> If the Client is a consumer resident in Germany or a business, the following limitations of liability apply:<\/p>\n\n If the Seller negligently breaches an essential contractual obligation, his liability is limited to the foreseeable damage typical for this type of contract, unless he is liable without limitation in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the Seller, by virtue of its content, in order to achieve the purpose of the contract; the fulfilment of which is essential for the proper performance of the contract; and on the observance of which the Client may reasonably rely. In all other respects, the Seller’s liability is excluded, unless the Seller is liable without limitation in accordance with the preceding clause.<\/p>\n\n 8.3<\/b> The above liability provisions also apply with regard to the liability of the Seller for his vicarious agents and legal representatives.<\/p>\n\n The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For Consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the Consumer has his habitual residence.<\/p>\n\n If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.<\/p>\n\n The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.<\/p><\/div> UltrAspire Site\/Store Terms and Conditions 1.1<\/b> These General Terms and Conditions (hereinafter referred to as "GTC") of the company Ultrasport GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and\/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.<\/p>\n\n 1.2<\/b> A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.<\/p>\n\n 1.3<\/b> A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.<\/p>\n\n 2.1<\/b> The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.<\/p>\n\n 2.2<\/b> The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and\/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and\/or services contained in the shopping cart.<\/p>\n\n 2.3<\/b> The Seller may accept the Client’s offer within five days, Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.<\/p>\n\n 2.4<\/b> If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https:\/\/www.paypal.com 2.5<\/b> If the Client chooses the payment method “Amazon Payments”, payments are processed by the payment service provider Amazon Payments Europe S.C.A., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as „Amazon“).<\/p>\n\n If the Client chooses “Amazon Payments” as payment method during the online ordering process, he, at the same time, makes a payment order to Amazon when initiating the payment transaction by clicking the button finalizing the ordering process. In this case, the Seller declares his acceptance of the Client’s offer at the time when the Client initiates the payment transaction by clicking the button finalizing the ordering process.<\/p>\n\n 2.6<\/b> When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.<\/p>\n\n 2.7<\/b> Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors. 2.8<\/b> The German and the English language are exclusively available for the conclusion of the contract.<\/p>\n\n 2.9<\/b> Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.<\/p>\n\n 3.1<\/b> Consumers are entitled to the right to cancel.<\/p>\n\n 3.2<\/b> Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.<\/p>\n\n 4.1<\/b> Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description<\/p>\n\n 4.2<\/b> Payment can be made using one of the methods mentioned in the Seller’s online shop .<\/p>\n\n 4.3<\/b> If a payment method offered via the payment service "PayPal" is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal that involve advance payments to the client (e.g., purchase on account or payment by instalments), he shall assign his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the client. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted client data. The seller reserves the right to refuse the client the selected payment method in the event of a negative check result. If the selected payment method is approved, the client must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g., about the goods, delivery time, dispatch, returns, complaints, cancellation declarations and deliveries or credit notes..<\/p>\n\n 4.4<\/b> If a payment method offered via the payment service "Stripe" is selected, the payment shall be processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). The individual payment methods offered via Stripe are communicated to the customer in the seller's online shop. For the processing of payments, Stripe may use the services of third party payment service providers, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Stripe" is available on the Internet at https:\/\/stripe.com<\/a>.<\/p>\n\n 4.5<\/b> When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this payment method if the credit check is negative.<\/p>\n\n 5.1<\/b> If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.<\/p>\n\n 5.2<\/b> Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.<\/p>\n\n 5.3<\/b> Personal collection is not possible for logistical reasons.<\/p>\n\n 5.4<\/b> If the customer is a consumer resident in Germany or a business, the seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to the seller. However, this applies only if the seller is not responsible for the non-delivery and has, with due care, entered into a specific covering transaction with the supplier. The seller will make every reasonable effort to obtain the goods. In the event that the goods are unavailable or only partially available, the customer will be informed immediately and the payment will be refunded without delay.<\/p>\n\n If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.<\/p>\n\n 7.1<\/b> Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:<\/p>\n\n 7.2<\/b> If the Client acts as trader<\/p>\n\n 7.3<\/b> The above-mentioned limitations of liability and shortening of the period of limitation do not apply<\/p>\n\n 7.4<\/b> Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.<\/p>\n\n 7.5<\/b> If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.<\/p>\n\n 7.6<\/b> If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.<\/p>\n\n The Seller is liable to the Client for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:<\/p>\n\n 8.1<\/b> The Seller is liable without limitation for any legal reason<\/p>\n\n 8.2<\/b> If the Client is a consumer resident in Germany or a business, the following limitations of liability apply:<\/p>\n\n If the Seller negligently breaches an essential contractual obligation, his liability is limited to the foreseeable damage typical for this type of contract, unless he is liable without limitation in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the Seller, by virtue of its content, in order to achieve the purpose of the contract; the fulfilment of which is essential for the proper performance of the contract; and on the observance of which the Client may reasonably rely. In all other respects, the Seller’s liability is excluded, unless the Seller is liable without limitation in accordance with the preceding clause.<\/p>\n\n 8.3<\/b> The above liability provisions also apply with regard to the liability of the Seller for his vicarious agents and legal representatives.<\/p>\n\n The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For Consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the Consumer has his habitual residence.<\/p>\n\n If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.<\/p>\n\n The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.<\/p><\/div> Purchaser, by placing an order, makes an offer to purchase pursuant to these terms and conditions, which offer, if accepted by UltrAspire, is accepted within the State of Utah and Idaho, and purchaser consents to the jurisdiction of the courts of the courts of the State of Utah or Idaho at UltrAspire\u2019s discretion for the limited purpose of dispute arising between the parties resulting from this transaction and agrees that the laws of the State of Utah and\/or Idaho shall apply.<\/p> By opening or using a product purchased from UltrAspire, the purchaser agrees to be bound by the term and conditions of sale as set forth below. If you do not agree to the terms and conditions of sale, please ship the product back to UltrAspire unopened within 5 days of receipt for a full refund (less shipping and handling charges).<\/p> UltrAspire makes no warranty, either expressed or implied, of merchantability or fitness for any particular purpose, and law shall imply no such warranties.<\/p> Final determination of suitability of any item sold for the use contemplated by purchaser is the sole responsibility of the purchaser, and Seller shall have no responsibility in connection with such determination.<\/p> UltrAspire will not be responsible for any consequential or incidental damages resulting from the sale, non-delivery, use or improper function of any equipment purchased from UltrAspire. The responsibility, if any is imposed, of UltrAspire in regard to any item purchased shall be limited to the monetary value of the merchandise purchased.<\/p> Order confirmation given to you through UltrAspire does not guarantee our acceptance of your order, nor does it constitute confirmation of an offer to sell. UltrAspire reserves the right to decline and cancel an order, or supply less than quantity ordered at any time.<\/p> At times, we may experience a shortage of certain items. At these times, we reserve the right to restrict the quantity of a particular item ordered. We will notify you if a situation like this occurs. In addition, UltrAspire may, at its own discretion, limit quantities sold in each order or to each person or per household.<\/p> Some items, as applicable, may be ordered by, and intended solely for use by, students, teachers, or faculty members at educational institutions and\/or for military personnel. Upon order of such items, UltrAspire may request verification of military or educational status (e.g. student ID or proof or military service).<\/p> We do not sell items to those who intend to resell products offered through UltrAspire.com, including dealers, resellers, exporters, wholesalers, or customers. UltrAspire reserves the right to decline or cancel an order at any time.<\/p> UltrAspire.com is intended to be a guide only. Some item illustrations are for display purposes only, may not be exact, and are not necessarily included in the purchase price. UltrAspire is not responsible for typographical or pictorial errors, and specifications may change without notice.<\/p> All items offered for sale are subject to availability. Many items on our Web site or catalog site come from various sources. UltrAspire is, therefore, bound to fluctuating currency exchange rates, inflation of materials and other parts, labor and other price fluctuations, making it necessary to occasionally increase prices. In addition, some domestic and overseas products may be discontinued without our prior knowledge. Should this apply to your order, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.<\/p> We make every effort to provide you with an error-free Web site. However, in the event there is a misprint, we reserve the right to correct copy or pricing to reflect the actual current status.<\/p> Credit Cards <\/strong><\/p> UltrAspire accepts VISA, MasterCard, American Express, Discover, PayPal and Bill Me Later. Your credit card is charged upon placing the order. If paying by Debit or Check Card, the funds are authorized as soon as the order is placed, which may immediately affect the availability of funds in the account.<\/p> Please provide the correct billing information for the card being used. Billing information includes name, address and phone number of the card owner as recorded by the bank or card issuer. If using a shipping address that is different then the billing address, please provide a phone number for the shipping address.<\/p> Checks\/COD <\/strong><\/p> We do not accept Checks or COD orders.<\/p> Some orders might be subject to our verification procedure before we can process it. For your protection from credit card fraud or identity theft, we may ask you to verify that you\u2019re the card owner or that the order and the shipping information are valid. If your order requires verification, you will be notified by email within one business day.<\/p> Local sales tax applies to orders being delivered in Utah. We do not accept resale or tax exempt status on online orders. If you wish to apply a tax-exempt form to your order, please place your order by phone, email or fax. A verifiable tax-free identification number will be required.<\/p> International orders are subject to tax, duty and import fees. See International Orders<\/a>.<\/p> Simply log in to your account and check the progress of your order while it\u2019s being processed.<\/p> You should receive a tracking number by email as soon as it is available. Note that it may take up to 24 hours to be updated online. You may track your order by logging in to your account and clicking the \u201cTrack Your Order<\/a>\u201d link.<\/p> You may cancel your order provided it hasn\u2019t yet entered the shipping process. If the item has entered the shipping process, it cannot be canceled. However, you may return the item for a refund. See Return Policy<\/a>. Please note that if an item is refused upon delivery, the shipping and handling charges for both ways will be deducted from the credit, and at our discretion a restocking fee might also be deducted.<\/p> We strive to keep most items in stock for immediate delivery. In the event that an item is out of stock or unable to be shipped for any reason, we will usually notify the purchaser within one business day. The order will remain open unless we are instructed to cancel it. When the item becomes available, it will be shipped. A credit card will is charged at the when the order is placed.<\/p> Shipping charges are not included in our pricing. Please place your order in the \u201cShopping Cart<\/a>\u201d to view shipping charges.<\/p> UltrAspire makes every effort to get your order to you as soon as possible. Orders for in-stock items will generally ship within 24-48 hours. Please note that weekend orders placed on Friday after 1:00 PM MST will be processed on the following business day. If there is a problem with your order, email notification will be sent within one business day.<\/p> UltrAspire ships throughout the U.S. and has International Dealers throughout the world. Please email us at customerservice@ultraspire.com<\/a> to get an international quote or find a retailer near you.<\/p> A signature is required for most UPS shipments upon receipt. Someone must be at the address to receive the package and sign for it. Packages cannot be rerouted or picked up from UPS. If you require additional help to receive your package, please contact us<\/a>. Damaged in Delivery:<\/strong> If you've found damage to the package or if merchandise is missing, please keep the original shipping carton and contact us immediately so we can issue a damage claim with the carrier. Please don't return the merchandise without going through these steps, as it delays the replacement of the order or the issuance of a credit.<\/p> Missing items:<\/strong> All missing items claims must be reported within 5 business days of delivery.<\/p> International tax and duty: International shipments are subject to import fees, duties and taxes, which are levied once a shipment reaches a country, in addition to the brokerage fees\/custom clearance charges may be imposed by the carrier. These charges must be borne by the recipient. UltrAspire has no control over these charges and cannot predict what they might be.<\/p> Due to high International shipping costs, taxes and duty fees, we cannot ship any order that includes backordered items. We will hold the order until all items are in stock and available to ship. Please contact us if you wish to cancel or change ordered items.<\/p> If an International shipment is refused and\/or returned, any taxes, duties, custom fees, brokerage fees or shipping charges incurred from this return, will be the responsibility of the customer.<\/p>","_et_gb_content_width":"","footnotes":""},"class_list":["post-32","page","type-page","status-publish","hentry"],"yoast_head":"\n
\nThe Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.<\/p>\n\n3) Right to Cancel<\/h2>\n\n
4) Prices and Payment Conditions<\/h2>\n\n
5) Shipment and Delivery Conditions<\/h2>\n\n
6) Reservation of Proprietary Rights<\/h2>\n\n
7) Warranty<\/h2>\n\n
\n
\n
8) Liability<\/h2>\n\n
\n
9) Applicable Law<\/h2>\n\n
10) Place of Jurisdiction<\/h2>\n\n
11) Alternative dispute resolution<\/h2>\n\n
<\/a><\/div>Table of Contents<\/h2>\n
\n
1) Scope of Application<\/h2>\n\n
2) Conclusion of the Contract<\/h2>\n\n
\n- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
\n- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
\n- by requesting the Client to pay after he placed his order.<\/p>\n\n
\nThe Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.<\/p>\n\n3) Right to Cancel<\/h2>\n\n
4) Prices and Payment Conditions<\/h2>\n\n
5) Shipment and Delivery Conditions<\/h2>\n\n
6) Reservation of Proprietary Rights<\/h2>\n\n
7) Warranty<\/h2>\n\n
\n
\n
8) Liability<\/h2>\n\n
\n
9) Applicable Law<\/h2>\n\n
10) Place of Jurisdiction<\/h2>\n\n
11) Alternative dispute resolution<\/h2>\n\n
<\/a><\/div>UltrAspire Site\/Store Terms and Conditions<\/h1>
Order Acceptance and Limitations<\/h3>
Typographical, Illustration and Price Errors<\/h3>
Payment Methods<\/h3>
Order Verification<\/h3>
Sales Tax<\/h3>
Check Order Status<\/h3>
Track Your Order<\/h3>
Canceling\u00a0an Order<\/h3>
Backorder<\/h3>
Shipping Charges<\/h3>
Delivery Times<\/h3>
Shipping Destinations<\/h3>
Delivery Requirements<\/h3>
<\/a><\/p>Damaged \/ Missing items upon delivery<\/h3>
International Orders<\/h3>