Terms of service

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Retention of Title
Liability for Defects (Warranty)
Liability
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Cancellation of Courses
Governing Law
Jurisdiction
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of MONTANA TECHNOLOGIES GmbH (hereinafter “Seller”) shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity.

1.4 An entrepreneur within the meaning of 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 their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. The Customer may also submit the offer to the Seller by email or via an online contact form.

2.3 The Seller may accept the Customer’s offer within five days

by sending the Customer a written order confirmation or an order confirmation in text form (email), whereby receipt of the order confirmation by the Customer is decisive; or
by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive; or
by requesting payment from the Customer after the Customer has placed the order.

If several of the above alternatives apply, the contract shall be concluded at the time when one of the above alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the Customer does not have a PayPal account—subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the contract text shall be stored by the Seller after the contract has been concluded and shall be transmitted to the Customer in text form (e.g. email or letter) after the order has been sent. The Seller will not make the contract text accessible beyond this.

2.6 Before submitting the binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. A useful technical means for better identifying input errors can be the browser’s zoom function, which enlarges the on-screen display. The Customer may correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The German language shall be available for the conclusion of the contract.

2.8 Order processing and contact generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at that address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of concluding the contract, are not members of a Member State of the European Union and whose sole place of residence and delivery address at the time of concluding the contract are outside the European Union.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties and/or taxes (e.g. customs duties). Such costs relating to money transfers may also arise if delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If the Customer selects a payment method offered via “Shopify Payments”, payment shall be processed by 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 Shopify Payments will be communicated to the Customer in the Seller’s online shop. For the processing of payments, Stripe may use additional payment services for which special payment terms may apply; the Customer may be informed of these separately where applicable. Further information on “Shopify Payments” is available at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Terms

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For transaction processing, the delivery address stated in the Seller’s order processing is decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the outward shipment if the Customer effectively exercises their right of withdrawal. With regard to return shipping costs, the provisions made in the Seller’s withdrawal policy shall apply in the event of an effective exercise of the right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has handed the item over to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally pass only upon handover of the goods to the Customer or a person authorized to receive them. By way of exception, the risk shall also pass to the consumer once the Seller has handed the item over to the forwarding agent, carrier or other person or institution designated to carry out the shipment, if the Customer has commissioned that party and the Seller has not previously named that party to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the Seller’s responsibility and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed without undue delay and any consideration will be refunded without undue delay.

5.5 Vouchers shall be provided to the Customer as follows:

by email

6) Retention of Title

If the Seller makes an advance performance, it retains title to the delivered goods until full payment of the purchase price owed has been made.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

the Seller may choose the type of subsequent performance;
for new goods, the limitation period for defects is one year from delivery of the goods;
for used goods, rights and claims due to defects are excluded;
the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

7.2 The liability limitations and shortened periods set out above do not apply

to claims for damages and reimbursement of expenses by the Customer,
if the Seller fraudulently concealed the defect,
for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
for any obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

7.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain to the carrier about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer does not do so, this has no effect on their statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for damages and reimbursement of expenses arising from contractual, quasi-contractual and statutory claims, including tort, as follows:

8.1 The Seller shall be liable without limitation on any legal grounds

in cases of intent or gross negligence,
in cases of intentional or negligent injury to life, body or health,
due to a guarantee promise, unless otherwise regulated in this respect,
due to mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the above clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper performance of the contract in the first place and on the compliance with which the Customer may regularly rely.

8.3 Otherwise, the Seller’s liability is excluded.

8.4 The above liability provisions shall also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued by the Seller free of charge as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.

9.2 Individual products may be excluded from the promotion, provided that a corresponding restriction results from the content of the Promotional Voucher.

9.3 Promotional Vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

9.4 Only one Promotional Voucher can be redeemed per order.

9.5 The value of the goods must at least correspond to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

9.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to pay the difference.

9.7 The credit of a Promotional Voucher is neither paid out in cash nor does it bear interest.

9.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.

9.9 The Promotional Voucher is transferable. The Seller may discharge its obligation with effect for the benefit of the respective holder who redeems the Promotional Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge of, or is grossly negligent in not knowing, the lack of authorization, legal incapacity or lack of authority to represent of the respective holder.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “Gift Vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.

10.2 Gift Vouchers and remaining credit on Gift Vouchers can be redeemed until the end of the third year after the year of purchase of the voucher. Remaining credit will be credited to the Customer until the expiry date.

10.3 Gift Vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

10.4 Multiple Gift Vouchers can also be redeemed for one order.

10.5 Gift Vouchers may only be used to purchase goods and not to purchase additional Gift Vouchers.

10.6 If the value of a Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to pay the difference.

10.7 The credit of a Gift Voucher is neither paid out in cash nor does it bear interest.

10.8 The Gift Voucher is transferable. The Seller may discharge its obligation with effect for the benefit of the respective holder who redeems the Gift Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge of, or is grossly negligent in not knowing, the lack of authorization, legal incapacity or lack of authority to represent of the respective holder.

11) Cancellation of Courses

Free cancellation is possible up to 24 hours before the course starts at the latest.

In the event of a cancellation less than 24 hours before the course starts ("Late Cancellation"), the full course fee will be charged, or one session will be deducted from the booked multi-class pass.

In the event of non-attendance without prior cancellation ("No Show"), the full course fee will likewise be charged, or one session will be deducted from the multi-class pass.

The time of cancellation recorded in the Eversports booking system shall be decisive.

12) Governing Law

12.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

12.2 Furthermore, this choice of law regarding the statutory right of withdrawal does not apply to consumers who, at the time of concluding the contract, are not members of a Member State of the European Union and whose sole place of residence and delivery address at the time of concluding the contract are outside the European Union.

13) Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s place of business. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the above cases, the Seller shall in any event be entitled to bring an action before the court at the Customer’s place of business.

14) Alternative Dispute Resolution

14.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

14.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.