Terms of service

General Terms and Conditions of Gymondo GmbH for the Purchase of

Corporate Health Vouchers by Companies

(Status: 17.07.2021)

Scope and subject matter of the contract

These General Terms and Conditions ("GTC") apply to the contracts concluded between you and us, the company Gymondo GmbH, Rungestraße 22-24, 10179 Berlin, HRB 158406 via this online shop (www.mitarbeitergutscheine.gymondo.de) (the "Online Shop"), unless expressly agreed otherwise by written agreement between you and us. Deviating or conflicting terms and conditions will not be recognised by us unless we have expressly agreed to them.

The subject of these GTC is the purchase of vouchers to be passed on free of charge to your employees for the use of our online fitness offer on www.gymondo.de (the "Vouchers").

The passing on of the Vouchers to persons other than your employees and the sale of the Vouchers is prohibited.

You may purchase Vouchers from the Online Shop in quantities of 30 to 500. If you would like to purchase more than 500 vouchers, please send your request to the following e-mail address: business-development@gymondo.de.

In order to use the vouchers, the employee redeeming a voucher must register via www.gymondo.de. As part of this registration, a contract of use is concluded between the employee and us, which is subject to separate terms of use. These can be viewed at https://www.gymondo.com/de/terms-and-conditions/.

Proof of your entrepreneurial status

Our online shop is aimed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code). We therefore require that you provide us with sufficient proof of your entrepreneurial status prior to conclusion of the contract, namely by providing your VAT ID number as part of the ordering process or, in exceptional cases, at our discretion by providing other suitable proof. You must provide the data required for the proof completely and truthfully.

No registration in our online shop required

You can order the vouchers in our online shop without the requirement of registration.

Formation of the contract, contract language

The presentation of the vouchers in our online shop does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum).

By clicking the "Order with obligation to pay" button in the last step of the ordering process, you make a binding offer to purchase the vouchers displayed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which, however, does not constitute an acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your order and/or booking by a separate e-mail or send the vouchers. Please check the SPAM folder of your e-mail inbox regularly.

The language provided for the conclusion of the contract is exclusively German. Translations into other languages are for your information only. In the event of contradictions between the German text and the translation, the German text shall take precedence.

Technical steps up to the conclusion of the contract and correction of input errors

As part of the ordering process, you first place the desired vouchers in the shopping basket. There you can change the desired number of items at any time or remove selected vouchers completely. If you have deposited vouchers there, clicking on the "Continue" buttons will first take you to a page where you can enter your data and then select the shipping and payment method. Finally, an overview page opens where you can check your details. You can correct your input errors (e.g. regarding the payment method, dates or the desired number of items) by clicking on "Edit" in the respective field. If you wish to cancel the ordering process completely, you can simply close your browser window. Otherwise, after clicking the confirmation button "Order with obligation to pay", your declaration becomes binding within the meaning of § 4 para. 2 of these General Terms and Conditions.

Storage of the contract text

The contractual provisions with details of the ordered vouchers including these General Terms and Conditions will be sent to you by e-mail with the acceptance of the contractual offer or with the notification thereof. We do not store the terms and conditions of the contract.

Terms of payment

The purchase price is due immediately with the order.
We are entitled to send you invoices by e-mail.
Payment of the vouchers can be made through the payment service providers used by us and notified in the online shop.
If you choose Klarna Invoice Purchase, the payment will be processed by Klarna AB (publ) [https://www.klarna.com/de], Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). In this case, Klarna automatically creates a shadow account for you as a customer. After completing the purchase, you will receive a payment request from Klarna by e-mail and can access the invoice for the purchase in your account. Further information on Klarna invoice purchase and Klarna's terms and conditions for this can be found here: https://www.klarna.com/de/ .
You have no claim to the use of certain payment options not offered by us. If, through your fault or due to a lack of account coverage for which you are responsible, chargebacks and/or cancellation fees are incurred due to the subsequent cancellation of direct debits or credit card collections, you shall bear the costs incurred as a result.
Only claims that are undisputed, legally established or in a synallagmatic relationship to the respective claim of ours shall entitle you to set-off or retention.

Retention of title and delivery conditions

The vouchers remain our property until full payment has been made.
We will deliver the ordered vouchers by e-mail to the e-mail address you provided during the order process.

Warranty

If the delivered vouchers are defective, you are entitled within the framework of the legal provisions to demand subsequent performance in the form of rectification of the defect or delivery of a defect-free item. We have the right to choose the type of supplementary performance. If the supplementary performance fails, you are entitled to reduce the purchase price or to withdraw from the contract if the legal requirements are met. A prerequisite for any warranty rights is that you properly fulfil all inspection and complaint obligations owed in accordance with § 377 of the German Commercial Code (HGB).
The limitation period for warranty claims for the delivered goods is - except in the case of claims for damages - twelve months from receipt of the goods.

Limitation of liability

We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfilment of which is essential for the proper execution of the contract, the breach of which endangers the achievement of the purpose of the contract and the observance of which you as the customer may regularly rely on. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. The same applies to breaches of duty by our vicarious agents.
The above exclusions of liability do not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.

Final provisions

Amendments or supplements to these terms and conditions must be made in writing.
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The place of performance and the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Berlin.
Should individual provisions of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by the contracting parties by mutual agreement by a legally effective provision which comes closest to the economic sense and purpose of the ineffective provision. The above provision shall apply mutatis mutandis in the event of loopholes.