FITNESS | BALANCE | ROWING
Please not that this is a translation from the text ” ALLGEMEINE GESCHÄFTSBEDINGUNGEN MIT KUNDENINFORMATIONEN” in German language. The German text is the leading document and shall apply in cases of doubt.
1.1 These general terms and conditions (hereinafter referred to as “GTC”) of “FlowRow, Andreas Pirscher” (hereinafter referred to as “Seller”), apply to all contracts which a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller concerning the goods offered by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is objected to, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the supply of digital content, if and insofar as nothing to the contrary has been expressly agreed.
1.3 Digital content within the meaning of these GTC shall be understood to mean all data not contained on a physical data carrier, which has been produced in digital form and which is provided by the Seller in accordance with these GTC.
1.4 These GTC shall apply accordingly to the purchase of vouchers, if and insofar as nothing to the contrary has been expressly regulated.
1.5 Consumer is any natural person who concludes a legal transaction for a purpose that is predominantly neither commercial nor related to a self-employed professional activity.
1.6 Entrepreneur 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.
2.1 The presentation of the goods, especially in the online shop, does not constitute a binding offer by the Seller.
2.2 First the Customer places the selected goods in the shopping basket. In the following step, the ordering process begins, in which all data required for order processing is recorded.
At the end of the ordering process a summary of the order and contract data appears. Only after confirmation of this order and contract data by clicking on the button concluding the ordering process does the Customer submit a binding offer to purchase the goods contained in the shopping basket. The Customer can also submit this offer to the Seller by e-mail, post or telephone.
2.3 The Seller accepts the Customer’s offer by the following possible alternatives:
– Sending a written order confirmation or an order confirmation in text form (e-mail)
– Request for payment to the Customer after placing the order
– Delivery of the ordered goods
The date of acceptance is determined by the first alternative that occurs.
The period for acceptance of the offer begins on the day after the offer is sent by the Customer 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 constitute rejection of the offer. The Customer is then no longer bound by his declaration of intent.
2.4 The text of the contract concluded between the Seller and the Customer is stored by the Seller. The Customer can view the General Terms and Conditions of Business at any time on this page. The order data, the cancellation policy and the General Terms and Conditions will be sent to the Customer by email. After completion of the order, the text of the contract is no longer visible online by the Customer.
2.5 All entries made are displayed before clicking on the order button and can be viewed by the Customer before sending the order and corrected by pressing the browser’s back button or the usual mouse and keyboard functions. In addition, the Customer may use buttons for correction, if available, which are labelled accordingly.
2.6 The contractual language is German.
2.7 It is the Customer’s responsibility to provide a correct e-mail address for contacting and processing the order, and to set the filter functions so that e-mails concerning this order can be delivered.
3.1 Unless otherwise agreed, the prices shown are final prices including the statutory value added tax. If additional shipping costs are incurred, this can be seen from the product description.
3.2 If the delivery is made to a non-EU country, further duties, taxes or fees may have to be paid by the Customer to the customs or tax authorities responsible or to credit institutions. The Customer is advised to enquire about the details from the respective institutions or authorities before ordering.
3.3 The Customer can select the payment methods available in the online shop.
3.4 In case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
4.1 The delivery of goods on the dispatch route is made to the delivery address indicated by the Customer. Notwithstanding this, in the case of payment by PayPal, the delivery address deposited by the Customer with PayPal at the time of payment shall be decisive.
4.2 If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these costs must be reimbursed by the Customer, unless the Customer is not responsible for the incorrect information or impossibility. The same shall apply in the event that the Customer was temporarily prevented from accepting the service, unless the Seller has given the Customer reasonable advance notice of the service. Excluded from this provision are the costs of sending the goods if the Customer has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the Seller shall remain in force.
4.3 Self-collection is not offered.
4.4 Digital content is made available to the Customer exclusively in the following electronic form:
* by e-mail
* by download
* per app
* via online streaming
4.5 Vouchers are provided to the Customer in the following form:
* by e-mail
* by download
5.1 Unless otherwise stated in the information provided by the Seller in the online shop, the Seller grants the Customer the non-exclusive, temporally and locally unrestricted right to use the content provided for private purposes only.
5.2 Any passing on of the content provided to third parties or the creation of copies for third parties outside the scope of these GTC is prohibited. Other provisions shall apply insofar as the Seller has agreed to the transfer of the licence provided to third parties or a third party.
5.3 According to § 158 para. 1 BGB (German Civil Code), the granting of rights only becomes effective after the Customer has paid the remuneration in full. The Seller may also provisionally permit the use of the content provided before this time. However, such provisional permission shall not result in a transfer of rights and may be revoked at any time.
6.1 If the Customer is a consumer, he is generally entitled to a right of withdrawal.
6.2 The right of withdrawal is governed by the Seller’s withdrawal instructions.
6.3 Consumers who do not belong to any member state of the European Union or Switzerland at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union and outside Switzerland at the time of conclusion of the contract shall have no right of revocation.
If the Seller provides a service in advance, the goods remain the property of the Seller until the purchase price has been paid in full.
8.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed in these GTC.
8.2 The Customer is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the Seller about this. Failure to do so shall not affect the Customer’s statutory or contractual claims for defects.
9.1 Vouchers purchased via the Seller’s online shop (“gift vouchers”) can only be redeemed in the Seller’s online shop.
9.2 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year following the year of purchase of the gift voucher. Any remaining balance will be credited to the Customer’s Gift Voucher Account until the expiry date.
9.3 Gift vouchers can only be redeemed before the order process is completed. There is no subsequent redemption.
9.4 Only one gift voucher can be redeemed per order. It is not possible to redeem several gift certificates in one order.
9.5 Gift vouchers can only be redeemed for the purchase of goods. The purchase of further gift vouchers cannot be paid for with vouchers.
9.6 If the value of a Gift Voucher is insufficient to pay for the relevant order, one of the other payment methods offered may be used to pay the difference.
9.7 Credit balances on gift vouchers will not be paid out and no interest will be paid.
9.8 The Gift Voucher is personal and may only be redeemed by the person named on it. The gift voucher may not be transferred to third parties. The Seller has the right, but not the obligation, to verify the material eligibility of the respective gift voucher holder.
10.1 Vouchers that the Seller issues free of charge as part of (advertising) campaigns with a certain period of validity and that the Customer cannot purchase (“campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the period specified by the Seller.
10.2 Campaign vouchers can only be redeemed by consumers.
10.3 Individual products may be excluded from the voucher promotion. If applicable, the specific restrictions can be found in the campaign voucher.
10.4 Campaign vouchers can only be redeemed before the order process is completed. There is no subsequent redemption.
10.5 Only one campaign voucher can be redeemed per order. It is not possible to redeem several campaign vouchers in one order.
10.6 The value of the goods in each order must be at least the amount of the campaign voucher. Any remaining credit will not be refunded by the Seller.
10.7 If the value of a campaign voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
10.8 The credit balance of a campaign voucher is neither paid out nor subject to interest.
10.9 The campaign voucher will also not be refunded if the Customer returns the goods paid for in full or in part with the campaign voucher within the scope of his statutory right of revocation.
10.10 The campaign voucher is personal and may only be redeemed by the person named on it. The campaign voucher may not be transferred to third parties. The Seller has the right, but not the obligation, to verify the material eligibility of the respective voucher holder.
When you register to use our digital content, you will be able to access a range of workouts and training programs. The workouts may be videos for you to watch and written instructions for you to work from. Before you start any of the workouts and training programs make sure you are in good physical and conditional health. Consult your doctor before starting the workout. Excessive exercise can lead to health damages. Increase your training slowly. FlowRow is not a medical organisation so its coaches, advisors and employees cannot provide you with any medical advice or diagnosis. You also shouldn’t take any content from our Website or App (including any content in the workouts) as being any form of medical advice or diagnosis. All suggestions, recommendations and comments made on our Website or App (including those in the workouts) relating to the use of equipment, poses, moves and instruction are for your reference only. There is no requirement for you to do anything that you aren’t sure about or aren’t comfortable with.
We don’t charge you to use certain parts of our Service, but we do offer an additional paid subscription service to you through the App. You can buy the subscription services by clicking on the button concluding the ordering process. You may also pay the subscription charges through your app store (Apple’s App Store or Android’s Google Play Store). Purchasing a monthly or annual subscription unlocks the full FlowRow service.
If you decide to subscribe you will pay the price set for your country. If you select a monthly or annual subscription you will automatically get a free trial period of 7 days. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can cancel your subscription up to 24 hours prior to the end of the current period. You can also cancel your trial subscription up to 24 hours prior to the end of the trial period.
You can cancel your subscription at any time. If you cancel 24 hours before the 7-day trial is over then you will not be charged. If you cancel during the month period for which you’ve already paid (up to 24 hours before the next period starts), your subscription will continue until the end of that period.
Consumers enjoy protection under a variety of laws in different jurisdictions around the world and most of our users will be using our Website and App as a consumer. Nothing in these Terms is intended to undermine this protection.
Bearing in mind these exceptions, there are certain types of liability that we are permitted by law to limit or exclude and, accordingly, WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE (INCLUDING LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL) THAT YOU MIGHT SUFFER AS A RESULT OF USING THE WEBSITE OR THE APP, HOWEVER THAT LOSS DAMAGE OR EXPENSE MIGHT ARISE. In case you’re wondering, that bit has to be in capitals in order to comply with the laws of certain jurisdictions, including certain states in the USA.
In addition, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM OR FOR THE DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL. This might include a failure of an internet service provider to deliver notifications or emails to you, for instance.
If we happen to make a statement that turns out to be untrue (whether orally or in writing) prior to your registration, then, unless that statement was made fraudulently by us, we will only be liable to you should that untrue statement result in us breaching these Terms. If it does not, the untrue statement has no impact on our relationship with you save insofar as it may impact on your legal rights as a consumer.
These limitations and exclusions of liability will survive the termination of your registration (which, in turn, would terminate our contract with you).
In making sure that our users and Customers are satisfied and that the Website and the App is working efficiently, we may review the data being transmitted by you to us and to our trainers. This does NOT mean, however, that we are under any duty to do this and we do not and will not assume any responsibility for this. Nevertheless, as we have indicated above, we may remove content uploaded by you if that content contravenes these Terms or you are in breach of these Terms.
You also need to be aware that viruses can be transmitted via websites, not just email. So if you want to make sure that your systems are safe from infection, you should run suitable security software because WE HEREBY EXCLUDE LIABILITY FOR ANY VIRUS INFECTION OR OTHER HARM CAUSED TO YOUR SYSTEMS THROUGH YOUR USE OF THE WEBSITE OR THE APP OR WHEN FOLLOWING ANY LINKS TO WEBSITES RUN BY OTHER PEOPLE.
There may come occasions where we choose not to insist on your total compliance with your obligations under these Terms or that, where you’ve breached the Terms, that we don’t make use of our rights to take action against you. This does NOT mean, however, that we are waiving those rights. We can take action against you later if we so choose, and at any time during the lifetime of your registration (or indeed, where necessary, at any time after the termination of your registration), we can return to the issue and insist upon your compliance.
16.1 Swiss law applies, excluding the laws on the international purchase of movable goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the Customer as a consumer has his habitual residence, remain unaffected.
16.2 This choice of law made here does not apply with regard to the statutory right of revocation for consumers if they do not belong to a member state of the European Union at the time of conclusion of the contract and their sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
If the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in Switzerland, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. If the Customer has its registered office outside the territory of Switzerland, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the Customer’s professional or commercial activity. Nevertheless, in the above-mentioned cases, the Seller is also entitled to appeal to the court at the Customer’s place of business.
The EU Commission’s online dispute resolution platform is available on the internet at the following link: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.