BERATUNG & KONTAKT

Ihr Radlabor-Team


Freiburg / Frankfurt / München
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089- 330 951 98
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These T&Cs may be retrieved, printed, downloaded and stored at any time, even after the contract has been concluded, using the link available on every Radlabor website.  


Please also note the information on your right to cancel in section 3.

GENERAL TERMS AND CONDITIONS OF RADLABOR GMBH

(including information on your right to cancel)

1 General

(1) All business relations with customers of Radlabor GmbH are based on the following General Terms and Conditions (T&Cs). These are deemed accepted by placement of an order and also apply for future business relations.  


(2) These T&Cs regulate the contractual relationship between the customer as a consumer and Radlabor GmbH regardless of whether the customer purchases a service (training advice, performance diagnostics, biomechanics) or a hardware product from the Radlabor GmbH shop.  


(3) These T&Cs also regulate the use of the online Test & Training Manager service, registration for which is mandatory when a service of Radlabor GmbH is booked.  


(4) The user concludes the contract with Radlabor GmbH, Schwarzwaldstr. 175, 79117 Freiburg, Germany. Further contact details may be obtained from the website of Radlabor GmbH (www.radlabor.de).    

2 Scope of validity / Object  

 

2.1 Services  


(1) These T&Cs apply for contracts and measures of Radlabor GmbH whose object is the provision of advice, the issuance of information and recommendations and/or the conduct of practical projects in the sport and health sector. Such a performance of Radlabor GmbH corresponds to a service.


(2) This includes in detail the following areas: the conduct of performance diagnostic tests and analyses, the conduct of biomechanical tests and analyses, training advice, coaching, personal training, the organisation and conduct of courses, seminars, camps, sports programmes and demonstrations in sport and health sector, health coaching and health management, the leasing of sports equipment and the mechanical adjustment and technical optimisation of bicycles and bicycle components.  


(3) Registration in Test & Training Manager (TTM), the online database of Radlabor GmbH, is required for the running of performance diagnostic tests and biomechanical tests and for the provision of training support. Please refer to the relevant clauses below. Please also read our data protection policy, which can be found on our website (www.radlabor.de).  

 

2.2 Online Test & Training Manager service  


(1) The object for the use of Test & Training Manager (TTM) is the performance of an online service with different applications. These applications are in particular the preparation of what are known as profiles and comparable functions for setting personal details and content (e.g. addressees, questionnaires, test results, training programmes, training exercises, training diary, text, images, graphics) both through the customer (in this case the user) and through Radlabor GmbH for the purposes of ensuring the optimum conduct of test and/or consulting services in the sport and health sector. Radlabor GmbH also provides general, i.e. not personalised, information on issues from the sport and health sector. Radlabor GmbH will likewise inform the TTM user of products offered by Radlabor GmbH or offered by contract partners of Radlabor GmbH.  


(2) The contract for the use of TTM between the customer (profile owner) and Radlabor GmbH as operator of the service comes about upon successful completion of the application process with the registration details.  

 

(3) Registration in TTM is required for the running of performance diagnostic and biomechanical tests and for the provision of training support. The right to use the online service and the applications exists only if a chargeable service of Radlabor GmbH is booked. This right lapses upon performance of the service by Radlabor GmbH within the scope of the service agreement. Thereafter Radlabor GmbH will have the right to delete the profile at any time. Radlabor GmbH further has the right to cancel immediately for good cause without prior notice. Good cause exists in particular if the user breaches applicable law or these T&Cs.  


(4) The right to use the online service and the applications exists only within the current state of the art. In this regard it may from time to time be necessary temporarily to restrict services within the online service, such as in respect of capacity limits, the security of the online service, the integrity of the servers or so that technical measures can be performed in the interests of due performance of the services. In so doing Radlabor GmbH will take account of the legitimate interests of the customers and e.g. give prior notice of planned maintenance work on the online service. Radlabor GmbH may determine as its sees fit which online services are provided and to what extent. Radlabor GmbH may restrict, extend or otherwise modify these online services at any time, such restrictions, extensions and modifications likewise being subject to the T&Cs.  


(5) These T&Cs apply for all content, functions and other services that Radlabor GmbH provides for TTM. Additional conditions for certain applications may be agreed with the user where appropriate. Radlabor GmbH will advise users of any additional conditions that may exist in the individual case in good time before such an application is used.  


(6) The use of particular applications within the online service – in particular those that require the acceptance of additional conditions or separate consent – may be limited to certain users and/or user groups.  


(7) The user affirms that all the details given by him in the registration are correct and complete. Users may not use any pseudonyms or stage names. Radlabor GmbH is technically unable to ascertain with certainty whether a user registered on the online database is actually the person the user claims to be. Radlabor GmbH therefore offers no warranty for the actual identity of a user. Each user may therefore need to satisfy himself of the identity of another user.  


(8) The user of TTM affirms that he is the sole holder of the relevant licences and copyrights to the materials created and/or transmitted by him. The user grants Radlabor GmbH the right, unlimited in time, content and territory, to use the transmitted materials within the scope of the data protection policy. Radlabor GmbH has the right to transfer the relevant rights to third parties.  


(9) The user undertakes not to use the online service for any purpose or in any manner that is unlawful or is prohibited by these T&Cs or other notices within TTM. The user undertakes to protect access to the online service from unauthorised use by third parties.  


(10) Radlabor GmbH advises at this point that the user details (login and password) must not be passed on to others. The user will be liable for any unauthorised use of his user details that was enabled by his conduct and for the associated use of the online service if he is culpable for it. If the user discovers that his user details could have been accessed by third parties, he has a duty to change the password. Should this not be possible, the user has a duty to inform Radlabor GmbH at once by email.  

 

2.3 Transfer of items for use, purchase of goods


These T&Cs also apply for contracts and measures of Radlabor GmbH whose object is the transfer of items for permanent use as rental items or the purchase of goods.    

3 Right to cancel


The right to cancel set out under points 3.1, 3.2 and 3.3 below applies if the customer is a consumer.  


3.1 Right to cancel


(1) You may revoke your contractual declaration within two weeks without giving any reasons in text form (e.g. letter, fax, email) or – if the item had been transferred for your use before this date – by returning the item. The time limit begins to run upon receipt of this instruction in text form, but not before the recipient has received the goods (in the case that goods of the same type are supplied repeatedly, not before the first part delivery is received) and in the case of services as a performance not before the contract has been concluded and not before our duties of disclosure pursuant to section 312c (2) of the German Civil Code (BGB) in conjunction with section 1 (1), (2) and (4) of the Civil Code Disclosure Ordinance (BGB-InfoV) have been met.  


(2) Timely despatch of the notice of cancellation or the item if the services consist in the transfer of items for use is sufficient for observance of the cancellation period. Notice of cancellation must be sent to: Radlabor GmbH, Schwarzwaldstr. 175, 79117 Freiburg, Germany, fax: +49 (0) 761 45876059, email: info(at)radlabor.de.  

 

3.2 Consequences of cancellation


(1) In the event of effective cancellation, the mutual performances received must be returned and any benefits gained from them surrendered.  


(2) If you are unable to return the performance received in full or at all or are only able to return it in a deteriorated condition, you must compensate us for any loss in value. This may lead to you still having to fulfil your contractual payment obligations for the period up to cancellation. In the case of items transferred for use, this will not apply if the deterioration in the item is attributable solely to an examination of it that you would have been able to do in the shop, for instance. Otherwise you can avoid the duty to compensate for the loss of value from any deterioration caused by taking the item into use as intended by not taking the item into use as your property and refraining from anything that impairs its value.  


(3) Items capable of being sent by parcel post are to be returned at our expense. You must bear the costs of return if the goods supplied correspond to those ordered and if the price of the item to be returned does not exceed the sum of 40 euros or, if the item has a higher price at the time of cancellation, you have not yet rendered the counterperformance or a contractually agreed part payment. In all other cases return is free of charge for you. Items not capable of being sent by parcel post will be collected from you.  


(4) Obligations to refund payments must be met within 30 days. The time limit for you begins to run on despatch of your notice of cancellation or the item, for us on the receipt thereof.  

 

3.3 Particular notices


(1) Your right to cancel will expire prematurely if the contract has been executed in full by both parties at your express request before you have exercised your right to cancel.

4 Prices & payment


(1) The prices indicated on the website of Radlabor GmbH at the time of the booking/order shall apply, otherwise the price indicated in the written confirmation of order.  


(2) Unless otherwise agreed in writing, all payments are due without deduction immediately after Radlabor GmbH has performed the service. In the case of invoicing the amount is due for payment without deduction within 14 days of the invoice date.  


(3) This does not apply for the provision of training advice as a service, in which case payment is due at the start of the current training month (the 1st or 15th of a calendar month, depending on the agreed start date of the training), since Radlabor GmbH will already have begun performance of the service by that date.    

5 Conclusion of contract


(1) By clicking on the “Book” button the customer is giving Radlabor GmbH a binding order for the products he has selected in the booking tool. Receipt of the order will be confirmed by email after the booking has been sent. In the case that a service is purchased, the purchase contract will come about upon despatch of our confirmation, in the case that goods are purchased upon delivery of the goods.    

6 Supply & service


(1) The dates indicated by the customer when booking test services are subject to confirmation by Radlabor GmbH. Radlabor GmbH reserves the right where necessary to determine a different date that is reasonable for it and the customer within four weeks of receipt of the booking for performance of the service.  


(2) The provision of training advice will start on the 1st or the 15th of a calendar month, depending on the start date chosen by the customer, but not earlier than five days after booking by the customer.  


(3) Compliance with the supply and service obligations of Radlabor GmbH presupposes due and timely fulfilment by the customer of his obligations as a contract partner. In the case that a test or training service is booked, these obligations include registration in the online Test & Training Manager service with disclosure of the registration and mandatory details, confirmation of the booking and, where appropriate, the test date, completion of the health questionnaire in full, along with further questionnaires where appropriate, on the basis of which the service will be performed, at least 72 hours prior to the agreed date (“Performance” questionnaire for the test service, “Training” questionnaire for the training service, “Sitting position” and where necessary “Body” questionnaire for the biomechanical service).  


(4) In the case that an item is purchased, the obligations of the customer may include written transmission of the details required for the further specification of the item (e.g. details of the bicycle or physical measurements when ordering bicycle parts or clothing).    

7 Data protection


(1) Radlabor GmbH is well aware that its customers attach the utmost importance to the sensitive handling of all the personal details that they give to Radlabor GmbH. Radlabor GmbH therefore observes the pertinent data protection regulations (German data protection laws, European data protection directives). Radlabor GmbH will not pass on or otherwise disclose the personal details of users to third parties without authorisation. Information on how user details are processed is provided in the data protection policy of Radlabor GmbH, which can be viewed, downloaded and printed from the Radlabor website.    

8 Health assessment and physical capability


(1) Some of the tests conducted and training programmes recommended by Radlabor GmbH require maximum physical effort and may therefore cause considerable physical strain. Participation in tests or the conduct of training programmes or exercises is always voluntary and at the participant’s own risk. It is a requirement for participation in test and training measures that the participant is sufficiently healthy and physically capable of these measures.  


(2) The advice given by Radlabor GmbH while conducting tests and providing training support is based on the current state of the science and art and is offered by qualified and responsible advisers. Nevertheless, it is not a medical consultation and is not under any circumstances a substitute for medical advice. In particular, the user is aware that the advice and the communication required for that advice may only be provided via the internet and that it is not possible fully to disclose or to assess the individual health and physical characteristics of a user. This applies particularly because the information provided by a user himself does not normally entirely reflect his individual state of health.  


(3) The questionnaires in Test & Training Manager are intended as an aid to enable the user to assess his own state of health. The answers to the standardised questions stored there allow Radlabor GmbH to assess the user’s health and physical capability Again, this is not a substitute for a medical opinion. Please note that it is essential that the questions are answered truthfully.  


(4) The user may, where appropriate, be obliged to consult a doctor and obtain medical advice in order to have his individual health and physical capability for the tests to be conducted by Radlabor GmbH and for the training programmes and exercises prepared for him by Radlabor GmbH checked on the basis of a personal medical examination.  


(5) The user has a duty to consult a doctor and obtain medical advice as soon as there are any indications that the training programme prepared for him by Radlabor GmbH is having a negative effect on his health.    

9 Limitation of liability & warranty

 

9.1 Limitation of liability for test and training programmes, personal coaching and events


(1) All information and offers of Radlabor GmbH are provided to the best of its knowledge but always on a no-obligation basis and without warranty. All liability is excluded except in cases where demonstrable intent and gross negligence can be asserted. This applies in particular, but not exclusively, for liability claims on the basis of losses of a tangible or intangible nature caused through the use or non-use of information presented or the use of incorrect or incomplete information. All information and offers do not exempt the user from his duty to examine carefully their suitability for the intended procedures and purposes.  


(2) Information and advice that a user receives from Radlabor GmbH does not establish any warranty whatsoever on the part of Radlabor GmbH unless such an undertaking had been expressly given. Radlabor GmbH will only be liable for damage or loss that is suffered by the user from a wilful or grossly negligent act of a legal representative, employee or vicarious agent of Radlabor GmbH and is typical and foreseeable damage or loss.  


(3) The types of sport supported by Radlabor GmbH (mountain biking, race cycling, triathlon, running, etc.) can lead to higher physical stresses and are sometimes considered dangerous sports. Participation in all test and training measures recommended and/conducted by Radlabor GmbH is voluntary. You alone are responsible for any harm that you cause to yourself or others. You participate at your own risk in all practical exercises, excursions, tours and similar activities associated with particular risks of both a sporting and a general nature that are run or initiated by Radlabor GmbH. Radlabor GmbH will not accept any liability for damage or loss caused by failure to heed road traffic regulations or failure to follow the instructions of a legal representative, employee or vicarious agent of Radlabor GmbH. Radlabor GmbH will likewise not be liable for damage to or the loss of equipment, a bicycle or baggage during events or in transit. Radlabor GmbH will further not be liable for disruptions of service connected with third-party services negotiated by it. Radlabor GmbH will only be liable for any accidents, loss or damage if they were brought about through its intent or gross negligence, but not if they were caused by other participants or third parties. Participants are obliged to wear a helmet on cycle trips. Radlabor GmbH cannot be held liable if a participant does not comply with the duty to wear a helmet.  

 

9.2 Limitation of liability for online services


(1) The use of databases and other products and services of Radlabor GmbH is at the user’s own risk. This applies in particular, but not exclusively, to the functionality and freedom from viruses of databases, programmes, web pages, newsletters, emails, documents and other data via the internet.  


(2) Radlabor GmbH points out that the online services performed by it could be restricted or impaired by factors beyond the control of Radlabor GmbH, including in particular acts of third parties not carried out on behalf of Radlabor GmbH, technical conditions of the internet that cannot be influenced by Radlabor GmbH and force majeure.  


(3) It is the respective user, not Radlabor GmbH, who is responsible for whether TTM can be accessed. Connection problems between the user, its internet provider and TTM are not the responsibility of Radlabor GmbH. Radlabor GmbH will not be liable for the functional capability of the connection lines to the servers on which TTM is hosted in the event of power failures, failures as a result of elemental events and failures of servers that are beyond the control of Radlabor GmbH. Technical and other changes to a reasonable extent are reserved. All performance data and other software descriptions of the training platform do not constitute a warranty of any characteristics whatsoever.  

 

9.3 Warranty & liability for goods


(1) Radlabor GmbH assumes warranty and liability for the goods supplied by it only to the extent that the respective manufacturer of the goods assumes warranty and liability. Further claims to damages of any kind are excluded unless Radlabor GmbH can be demonstrated to have acted with intent or gross negligence.  


(2) The warranty period for goods supplied by Radlabor GmbH will lapse at the end of 6 months following delivery to the customer unless statutory regulations provide for a longer warranty period. All goods and services supplied by Radlabor GmbH are governed by the statutory duties of inspection and notification of defects. Only the direct customers of Radlabor GmbH are entitled to bring warranty claims.    

10 Responsibility for minors


(1) Neither Radlabor GmbH nor its vicarious agents are obliged to supervise minors participating in measures of Radlabor GmbH (tests, training, etc.). The guardian(s) must ensure that a sufficient number of accompanying persons are available while the measures are being conducted and that these accompanying persons assume the duties of supervision.  


(2) The following also applies for use of the online database (TTM) of Radlabor GmbH: for the case that guardians allow minors to use the online database, they accept responsibility for the behaviour of the minor on the internet, control of the minor’s access and the consequences of misuse by the minor.    

11 Protection of trade marks, brand names and/or patents


(1) Designations, brand names and illustrations used are generally subject to trade mark, brand name and/or patent rights of the respective owner. The reproduction of any such terms or illustrations on the website of Radlabor GmbH or the online TTM service does not justify the assumption that these terms, illustrations, software, HTML/Java/Flash source codes, photos, videos, graphics, music and sounds may be freely used by anyone, even if they are not specially identified.  


(2) The TTM user (profile owner) is permitted to download and use copyrighted material that was provided by Radlabor GmbH or a third party solely for his private use provided that in doing so he complies with the applicable statutory regulations and these terms and conditions. Beyond this extent, however, the TTM user may not duplicate, reproduce, transfer, distribute, publish, commercially exploit or otherwise transfer this material to another data format in electronic or other form or use it in any other manner.  


(3) Insofar as work results are capable of being copyrighted, Radlabor GmbH will remain the author. In these cases the user will be given the unlimited, irrevocable, exclusive and non-transferable right to use the work results without restriction in time and territory.    

12 Final clauses


(1) The contract and its amendments must be made in writing. No secondary agreements exist.  


(2) Radlabor GmbH reserves the right to amend these T&Cs at any time without stating the reasons unless this is unconscionable for the user. Radlabor GmbH will notify the user in good time of amendments to the T&Cs. If the user does not object to the validity of the new T&Cs within two weeks of such notification, the amended T&Cs will be deemed accepted by the user. In the notification Radlabor GmbH will advise the user of his right to cancel and the significance of the cancellation period.  


(3) Unless otherwise agreed, the user may make all declarations to Radlabor GmbH by email or send them to Radlabor GmbH by fax or letter. Radlabor GmbH may make declarations to the user by email or fax or letter sent to the addresses that the user gave for his current contact details in his TTM profile.  


(4) Should individual clauses of these T&Cs be or become ineffective, this shall not alter the effectiveness of the remaining clauses. The parties hereto undertake to replace an ineffective clause with an effective clause coming as close as possible in regulatory content to the economic meaning and purpose of the ineffective clause. This shall apply mutatis mutandis in the event of loopholes.  


(5) Unless otherwise agreed, the place of performance is the registered office of Radlabor GmbH.  


(6) The place of jurisdiction to the extent allowed by law is the registered office of Radlabor GmbH.  


(7) German law shall apply to the exclusion of international private law and the UN Sales Convention incorporated into German law.  


Version dated 01.12.2009  


Radlabor GmbH
Heinrich-von-Stephan-Straße 5c
79100 Freiburg


info(at)radlabor.de
www.radlabor.de  


Tel. +49 (0)761 45 87 60 5
Fax +49 (0)761 45 87 60 59  


AG Freiburg, HRB 701437
Managing directors: Dr. Björn Stapelfeldt & Andreas Bruch