terms and conditions

§ 1 Scope

  1. The present general terms and conditions govern the entire business relationship between you — hereinafter referred to as “customer” — and Stapmanns & Wendlandt GbR, based at Alarichstraße 5 in 12105 Berlin — hereinafter referred to as “Enduure” — exclusively, insofar as they are not amended by written agreement between the parties. In this respect, the individual agreement then reached takes precedence over these terms and conditions.
  2. Deviating, conflicting or customer conditions will not be recognized by Enduure unless Enduure expressly agrees to them. In case of doubt, such consent is only valid in individual cases.
  3. Changes to these terms and conditions will be notified to the customer by post, fax or email. If the customer does not object to this change within four weeks of receipt of the notification, the changes are considered accepted by the customer. The customer will be notified separately of the right of objection and the legal consequences of silence in the event of changes to the terms and conditions.

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§ 2 Subject matter of contract, conclusion of contract

  1. The subject of this contract may include all services described on the website:
  2. The content of the respective services results from the service description of the individual areas on the service pages of the Enduure website and separate pages for special offers, with the respective service pages taking precedence in the event of contradictions.
  3. If an appointment is booked, the contract is concluded upon confirmation by email or otherwise in text form by Enduure. In the case of a telephone agreement, the contract is only concluded upon written confirmation. In the case of a shipment of goods, through its shipping confirmation. If monthly support is agreed, the contract is concluded either by written confirmation of the offer or by acceptance of the offer via the link in the offer, but no later than when the contract is signed.

  4. When booking training support, the contract period is based on the term of the contract agreed with the trainer. The contractual relationship is automatically extended. Within the first two weeks, you can cancel informally at any time and without giving reasons. There are no costs involved. If this does not happen, the notified contract period automatically starts on the 15th day after the above start date. After that, termination is possible with a notice period of 4 weeks before the end of the next month. The right to terminate without notice for good cause remains unaffected.

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§ 3 Data protection

  1. All personal data provided by the customer (title, name, address, date of birth, email, address, telephone number, fax number) will be used by Enduure exclusively in accordance with the provisions of German data protection law. The customer's personal data, insofar as this is necessary to establish, structure or change the contractual relationship, is used exclusively to process the contracts concluded between the parties. Any further use of inventory data for purposes of advertising, market research or to tailor our offers to meet the needs of the customer requires the express consent of the customer. The declaration of consent is completely voluntary and can be withdrawn by the customer at any time.
  2. Prior findings, laboratory values Test data and results, measurement values and other written statements are only used internally by Enduure.
  3. Enduure is bound to secrecy vis-à-vis third parties, unless the customer has given express consent.
  4. The “Notion” platform from “Notion Labs, Inc.” is used to manage customer data internally. The customer hereby agrees by signing the contract.

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§ 4 Remuneration

  1. The amount of remuneration is based on the agreements made between the parties and the requirements on the homepage at the time the contract is concluded (time of online booking). If no agreements have been made, Enduure is entitled to appropriate and usual remuneration.
  2. Invoicing is made in writing.
  3. Payment is usually due immediately unless otherwise agreed by specifying a corresponding date within the invoice.
  4. Should the customer be in default of payment of the amount due, Enduure will remind the amount due after 14 days and charge an appropriate reminder fee and interest on arrears. Should no payment be received within a period of 14 days after the reminder, Enduure may apply for a court order for payment. This results in further costs for the customer.

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§ 5 Cancellation

  1. When making appointments for swimming lessons, the customer has the option to cancel the order up to 24 hours before the agreed date. The appointment must be cancelled in writing (email). The date of cancellation is the receipt of the email.
  2. If the agreed appointment is cancelled by the customer less than 24 hours before the appointment, Enduure reserves the right to claim 50% of the remuneration for the booked service, unless the appointment can be made spontaneously and with reasonable effort by Enduure.
  3. If the customer does not make the appointment without giving reasons, Enduure reserves the right to demand the full amount for the booked service.
  4. In the event of any cancellations or time reductions in appointments that are not due to the Enduure trainers, the full amount for a booked service is due.

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§ 6 Further obligations of the customer

  1. The customer is obliged to cooperate insofar as this is necessary to fulfill the order. In this respect, the customer must also refrain from anything that could impair proper order processing. This also applies in particular to the provision of information necessary for support. ‍

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§ 7 Liability

  1. According to legal provisions, Enduure is only liable for damage resulting from a negligent breach of duty, insofar as their performance makes the proper execution of the contract possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on whose compliance the customer could regularly rely. Otherwise, Enduure is only liable for intent and gross negligence. In this respect, liability is limited to typical damage foreseeable at the time of conclusion of the contract. This restriction does not apply in the event of injury to life, body or health.
  2. In the event of slight negligence, Enduure is not liable for the loss of money, securities and other valuables that were not expressly taken into custody by Enduure.
  3. Insofar as the damage is covered by insurance taken out by the customer for the relevant claim, Enduure is only liable for any associated disadvantages suffered by the customer, otherwise generally on a subsidiary basis.
  4. Irrespective of the fault of Enduure, any liability of Enduure in the event of fraudulent concealment of the defect, the assumption of a guarantee or a procurement risk remains unaffected.
  5. The personal liability of legal representatives, vicarious agents and employees of Enduure for damage caused by them as a result of slight negligence is excluded.

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§ 8 Transfer of risk

  1. In the event of a shipment of goods, the risk of accidental loss and accidental deterioration of the goods is transferred to the customer upon delivery to the carrier, but no later than when they leave the contractor's business premises, irrespective of where the shipment takes place and who bears the freight costs. ‍ ‍

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§ 9 Retention of title

  1. The goods remain the property of Enduure until all future or conditional claims against the customer have been settled.
  2. For items that have already been handed over or delivered, Enduure reserves title to the goods until payment has been made in full and irrevocable.

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§ 10 Place of Fulfilment

  1. The place of fulfilment varies depending on the agreed service. Otherwise, the place of fulfilment is the registered office of Enduure. ‍

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§ 11 Jurisdiction

  1. The exclusive place of jurisdiction for all current and future claims arising from the business relationship, including check and bill of exchange claims, is Berlin.

  2. The same place of jurisdiction applies if the client has no general place of jurisdiction in Germany, transfers his place of residence or habitual place of residence out of Germany after conclusion of the contract, or his place of residence or habitual place of residence is not known at the time the action is brought. ‍

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Section 12 Salvatory clause

  1. If these general terms and conditions have not become part of the contract in whole or in part or are ineffective, the rest of the contract remains effective.
  2. Insofar as the provisions have not become part of the contract or are ineffective, the content of the contract is governed by the statutory provisions, in particular those of the Civil Code.

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