A. Scope of application

1. these General Terms and Conditions (GTC) apply to all contractual and legal relationships between bellicon Europe GmbH (hereinafter referred to as bellicon Europe GmbH) and bellicon Europe GmbH:
bellicon Europe
) and the customer in connection with the sale of goods outside the online store or the websites of bellicon Europe, in particular for the sale of trampolines. By concluding the contract, the customer accepts these GTC as binding. Any deviating contractual conditions or general terms and conditions of the customer shall not apply even if bellicon Business does not expressly object to their validity.

2. bellicon Europe GmbH, Poststraße 4-5, 10178 Berlin is the customer's contractual partner.

3. the sale of goods on the basis of these GTC is made exclusively to business customers (B2B). These General Terms and Conditions are therefore not aimed at consumers within the meaning of Section 13 BGB.

4. if the customer is familiar with the GTC from a first contract, they shall also apply to all subsequent contracts and legal transactions with the customer, without the need for repeated transmission, unless beniro Business GmbH provides notification to the contrary.

5. bellicon Europe GmbH reserves the right to change the GTC at any time with effect for the future. The current version at the time the contract is concluded shall apply to the contract with the customer. In an ongoing business relationship, the customer shall be informed of any amendment to the GTC; the amended GTC shall then apply to all legal transactions following this information.

B. Conclusion of contract, quality agreements

1. the contract with the customer is concluded as follows: bellicon Europe initially sends the customer a non-binding offer for the conclusion of a contract at the customer's request. By declaring that he wishes to conclude a contract on the basis of the offer, the customer submits a binding offer to conclude a contract on the basis of the conditions stated in the offer; this contractual declaration by the customer must be made to bellicon Business in text form (at least by e-mail). bellicon Europe accepts the customer's contract offer by telephone declaration or by declaration in text form.

2. bellicon trainer training/ bellicon workshop can be canceled or rebooked free of charge up to 14 days before the start of the training. After that, a 25% cancellation fee will be charged. Cancellations made 7 days (or less) before the start of the course will incur a 50% cancellation fee. It is no longer possible to rebook after this date.

3. the contractually agreed quality of the goods results exclusively from the contract concluded with the customer. In the absence of a contractual quality agreement, the statutory provisions shall apply. Certain properties of samples are only binding if they have been expressly recorded in the contract as a quality agreement. In addition, verbal collateral agreements are only binding if they have been expressly confirmed to the customer by bellicon Business in text form.

C. Prices and payment, right of retention

1. the price to be paid for the goods in question, the shipping costs incurred for the specific contract, any applicable VAT and any insurance costs shall be set out in the contract and accepted by the customer upon conclusion of the contract. bellicon Europe is not obliged to take out transport insurance. If the customer wishes to have such insurance, this must be expressly agreed in the contract. Shipping and any insurance costs shall be borne by the customer. The final prices quoted are in EURO.

2. any discounts granted to the customer in a specific case shall apply exclusively to the specific individual case and shall not constitute a commitment for future contracts.

3. Once the contract with bellicon Europe has been concluded, the customer will receive an invoice for the amount to be paid. If the customer has provided bellicon Europe with his e-mail address, he agrees to receive the invoice as a PDF file by e-mail. Invoice amounts are due and payable immediately upon receipt. Reference is made to point D. No. 2 of these GTC.

5. it is agreed that the customer shall be in default without a reminder if he fails to pay an invoice due in accordance with the above point C. No. 3 above is not paid within 2 weeks of receipt of the invoice at the latest.

6. bellicon Europe reserves the right to charge a lump sum of € 2.50 for each reminder from the customer's default. The customer is at liberty to prove that bellicon Europe has suffered no or only minor damage. The right to claim further damages caused by default and default interest in accordance with § 288 BGB remains unaffected. In the event of default, bellicon Europe is also entitled to withdraw from the contract with the customer. The declaration of withdrawal must be made in text form.

7. if bellicon Europe has outstanding claims against the customer, bellicon Europe is entitled to refuse further services until the customer has fulfilled his obligations (right of retention). This also applies to outstanding claims from an ongoing business relationship between bellicon Europe and the customer.

D. Dispatch, delivery, retention of title

1. bellicon Europe retains ownership of all goods until full payment has been made, including shipping costs, other ancillary costs and interest on arrears.

2. bellicon Business is not obliged to make advance payments. Ordered goods will only be dispatched once bellicon Europe has received the payment owed by the customer.

3. delivery will be arranged to the delivery address specified by the customer when ordering. If the delivery cannot be delivered for reasons for which the customer is responsible, the customer shall bear any additional costs incurred as a result (e.g. repeat delivery, storage). If goods of a certain type are owed, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer at the point in time at which he is in default of acceptance by not accepting the goods offered, § 300 BGB. The right to claim further damages remains reserved. During the customer's default of acceptance, bellicon Business is only liable for intent and gross negligence.

4. if the customer is an entrepreneur, it is hereby agreed that bellicon Europe has fulfilled its contractual obligations when the goods have been properly handed over to a transport or shipping company (sales shipment according to § 447 BGB). The risk of accidental loss and accidental deterioration of the goods shall be borne by the customer from the time they are handed over to the transport or shipping company; any damage or loss incurred after this time must be claimed from the transport or shipping company.

5. the expected delivery time shall be agreed with the customer in the contract. If the contract does not provide for a specific delivery time, a specific delivery time is not agreed. An agreed delivery time does not begin until bellicon Europe has received payment. If an unexpected delay in delivery occurs after conclusion of the contract, bellicon Europe will inform the customer immediately. Unless otherwise stated in the contract with the customer, delivery ex Berlin, Fitness, is agreed.

E. Guarantees, warranty for defects, liability

1. bellicon Europe does not grant any guarantees beyond the statutory warranty rights. This does not affect any guarantees provided by the manufacturer of the goods. For bellicon® brand trampolines, the warranty is 3 years on the trampoline frame, 3 years on the jumping mat and the rubber caps and a warranty of 2 years on the rope rings, whereby wear and tear (wearing out, "fluffing up", etc.) is excluded.

2. bellicon Europe is obliged to provide a warranty for defects in the sale of goods in accordance with §§ 433 ff. BGB (German Civil Code). The customer's warranty rights shall be governed by the statutory provisions. In the event of a defect that is subject to warranty, bellicon Europe is initially entitled to a right of subsequent performance, unless the statutory provisions of §§ 437 ff. BGB do not provide otherwise. If bellicon Europe replaces a defective part in the course of supplementary performance, bellicon Europe acquires ownership of the replaced part.

3. it is agreed that the choice of the type of subsequent performance within the meaning of § 439 para. 1 BGB (repair or replacement) lies with bellicon Europe.

4. deterioration of the goods caused by misconduct on the part of the customer, e.g. careless unpacking, improper handling or use, improper use, improper assembly, etc. by the customer or its agents, shall not constitute defects under warranty. This also applies to deterioration of the goods caused by other improper use of the goods by the customer or third parties. Likewise, deterioration of the goods due to natural wear and tear does not constitute a defect that obliges bellicon Europe to provide a warranty. The natural service life of a wearing part may be shorter than the warranty period for defects in the event of heavy use; even in this case, the customer cannot derive any warranty rights from natural wear and tear. In the case of trampolines, the rope rings should be mentioned in particular. The average wear limit from March 2016 is approx. 450 hours (previously approx. 200 hours).

5. If the customer reports a defect and bellicon Europe then initiates measures to remedy the defect (e.g. travel), although it turns out that there is no defect that is subject to warranty (see point E no. 4 above), the customer is obliged to reimburse bellicon Business for any costs incurred by the measures taken against proof. Natural wear and tear does NOT constitute a defect under warranty.

6. bellicon Europe strongly recommends all customers to notify the carrier immediately upon receipt of a delivery with damaged packaging and to have the complaint countersigned in order not to make it more difficult to enforce any rights against the forwarding agent or the transport company due to transport damage by accepting goods with damaged packaging without reservation.

7. if the customer is an entrepreneur and the purchase is also a commercial transaction for him, he must inspect the goods immediately upon receipt, insofar as this is feasible in the ordinary course of business, and notify bellicon Europe immediately of any defects, § 377 HGB. If the customer fails to report a defect, the goods shall be deemed to have been approved unless the defect was not recognizable upon inspection. If such a defect becomes apparent at a later date, notification of the defect must be made immediately after discovery; otherwise the goods shall also be deemed to have been approved in respect of this defect.

8. bellicon Europe's liability for damages is excluded. This does not apply to damages that are based on an intentional or grossly negligent breach of duty by bellicon Business, for damages resulting from injury to life, body or health that were caused intentionally or negligently by bellicon Europe and for damages for which liability exists under the Product Liability Act. Furthermore, bellicon Europe is liable for damages resulting from the intentional or negligent breach of contractual obligations which are so essential that they make the execution of the contract possible in the first place and on the fulfillment of which the customer may therefore rely (so-called cardinal obligations); in the case of slightly negligent breach of cardinal obligations, however, liability is limited to damages foreseeable at the time of conclusion of the contract and typical for the contract. bellicon Business is liable for the fault of its vicarious agents in accordance with the above provisions as for its own fault.

9. bellicon Europe is only liable for any delays in delivery if the delay is due to a circumstance for which bellicon Europe or its vicarious agents are responsible, and then only under the conditions of the above point E. No. 8 of these GTC. However, bellicon Business is not liable for delays in delivery due to force majeure, operational disruptions, lockouts or strikes or other events beyond the control of bellicon Business or its vicarious agents.

F. Intellectual property

1. bellicon® JUMPING is a registered trademark. Any unauthorized use of the trademark is prohibited and will be prosecuted under trademark law.

2. bellicon® JUMPING's logo and the layout of the websites are protected by copyright. The same applies to all works contained therein, such as texts, lettering, illustrations and photos. The respective authors reserve all rights to their works.

3. unless a statutory permission applies, any publication, reproduction, distribution or other use or exploitation of works or signs protected by copyright or trademark law that is not authorized by the respective rights holder is prohibited.

G. Data protection

1. bellicon Europe collects, stores and uses personal data only in accordance with the applicable data protection regulations. Registration data of customers who register for a training seminar will be forwarded to our cooperation partner SAFS & BETA GmbH & Co.KG Kurt-Hebach-Str. 5, 55252 Mainz-Kastei, for the purpose of joint implementation of the training courses.

2. the customer has the right to free information, correction, blocking or deletion of the bellicon Business data stored about him at any time, as far as technically possible and reasonable. The request must be sent to bellicon Business by post, fax or e-mail.

H. Set-off, statute of limitations, prohibition of assignment

1. the customer may only offset undisputed or legally established claims against claims of bellicon Business.

2. claims of the customer against bellicon Business become statute-barred within one year from the start of the statutory limitation period.

3. the customer is not entitled to assign claims arising from contracts with bellicon Business without the express prior written consent of bellicon Europe.

I. Final provisions

1 German law applies to all legal relationships with bellicon Business, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this only applies insofar as it does not deprive them of the protection of mandatory provisions of the law of the country of their habitual residence.

2. for customers who are entrepreneurs within the meaning of § 14 BGB (German Civil Code), Berlin, Fitness, is agreed as the place of fulfillment of the mutual contractual obligations.

3. if a customer has no general place of jurisdiction in Germany or acts as a merchant, legal entity under public law or special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships with bellicon Europe shall be the place of jurisdiction.

4 Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid clause shall be replaced by the relevant statutory provision.

Status: January 2024