Upon conclusion of the contract and/or placement of the order, the following General Terms and Conditions of VG Marketing GmbH&Co.KG. shall become an integral part of the contract and shall be expressly acknowledged by the contractual partner/client. Oral collateral agreements deviating from the following provisions shall require the written form. Any deviating General Terms and Conditions of the contractual partner/client are hereby expressly rejected. Offers (for example in circulars, mailings, price lists and other media) are subject to change without notice.

Before using the equipment, VG Marketing GmbH&Co.KG urgently requires the user to consult a physician and to coordinate the training method with him/her, if any of the following contraindications exist: joint damage, cardiovascular problems, pacemakers, thrombosis, inflammation, open and freshly healed wounds, pregnancy, prostheses and implants, diabetes, epilepsy, tumors, acute migraine. The contractual partner/client is in any case obliged to draw the attention of the users to the above-mentioned contraindications in a suitable form (at least by means of clearly visible notices on the device and active personal reference) when purchasing a training device. In any case in which VG Marketing GmbH&Co.KG is exposed to contractual or statutory claims for damages in deviation from the following provisions, it shall only be liable for intent and gross negligence of its employees, vicarious agents, and assistants.

Unless otherwise agreed upon, all price quotations shall apply ex warehouse of VG Marketing GmbH&Co.KG plus the statutory value added tax applicable at the time of invoicing. The costs for the disposal of packaging in accordance with the obligation to take back packaging in accordance with the Packaging Ordinance are already included in our prices through general discounts. We reserve the right to a cost-related price adjustment between the conclusion of the contract and the payment date.

Unless otherwise agreed, payments are due upon delivery of the goods. A right of retention or offsetting against claims that are not recognized by VG Marketing GmbH&Co.KG shall be excluded.

In the event of default in payment, interest shall be due from the day following the due date at a rate of five percentage points above the current prime rate of the European Central Bank. This does not exclude the assertion of further damages caused by default. If, in the opinion of VG Marketing GmbH & Co.KG, circumstances arise which clearly indicate a deterioration of the financial circumstances or creditworthiness of the contractual partner/client, the former shall be entitled to declare all outstanding claims arising from the business relationship due for immediate payment. In addition, VG Marketing GmbH&Co.KG shall be entitled in this case as well as in the event of default of payment to make further deliveries of goods dependent on advance payments or the provision of security. If no payment is made even after a reasonable grace period, VG Marketing GmbH&Co.KG shall be entitled to withdraw from the contract or to claim damages for non-performance.

The acceptance of cheques or bills of exchange is reserved and success in any case only on account of performance.

In the event and at the time of default of acceptance by the contractual partner/client, the risk of loss or deterioration of the goods for which neither party is responsible shall pass to the other party. In addition, VG Marketing GmbH&Co.KG shall be entitled to claim damages in the event of default of acceptance or violation of other obligations to cooperate on the part of the contractual partner/client.

VG Marketing GmbH&Co.KG shall be entitled to deliver the goods before the agreed delivery date with discharging effect.

The contractual partner/client shall be obliged to set VG Marketing GmbH&Co.KG a deadline of six weeks for subsequent delivery in the event that the agreed delivery date is exceeded. Only after expiration of this period shall he be entitled to withdraw from the contract and to claim damages in the event of non-delivery, whereby the liability of VG Marketing GmbH&Co.KG shall be limited to intent and gross negligence on the part of its representatives and vicarious agents as well as to foreseeable, traffic-typical damages.

Force majeure within the meaning of this agreement shall be understood to mean circumstances or traffic disruptions over which VG Marketing GmbH&Co.KG and the persons acting on its behalf have no influence and which make it difficult or impossible for them to fulfill their contractual obligations. In the event of force majeure, VG Marketing GmbH&Co.KG shall be entitled to postpone, modify or otherwise adapt the performance of services to the changed circumstances or to withdraw from the contract with regard to performance obligations that have become impossible.

VG Marketing GmbH&Co.KG reserves the right to make technical changes and improvements to the ordered goods that are neutral for the intended use.

The dispatch of goods is always at the expense and risk of the contractual partner/client. At his request and expense, the goods can be insured in advance against shipping damage. The assumption of the handling of any transport damage cases is subject to the suspensive condition of the necessary cooperation of the contractual partner/client, in particular the transmission/forwarding of damage protocols and consignment notes and other documents required for the settlement of the matter. Dispatch shall be affected by commissioning suitable third parties by VG Marketing GmbH&Co.KG.

The product Roton Star is not suitable for commercial use. Liability for material defects in case of commercial use is excluded.

The assertion of warranty claims presupposes that the contractual partner/client complies with the duties of examination and notification of defects under commercial law.

In the event of a warranty claim, VG Marketing GmbH&Co.KG shall twice be granted the right to either remedy the defect or deliver new, defect-free goods. If both rectifications/redeliveries fail, the contractual partner/client shall be entitled to choose between withdrawal or reduction.

The delivered goods shall remain the property of VG Marketing GmbH&Co.KG until such time as all claims against the contractual partner/client have been fulfilled. This shall apply in particular if individual claims of VG Marketing GmbH&Co.KG have already been settled. The contractual partner/client shall in no case be entitled to dispose of the goods subject to reservation of title, in particular but not exclusively for security purposes. If the value of the goods subject to reservation of title exceeds the total balance of the claims of VG Marketing GmbH&Co.KG from the business relationship by more than 20 (twenty) percent, the contractual partner/client may demand the release of securities in the corresponding amount. The choice of such securities shall be at the discretion of VG Marketing GmbH&Co.KG. In the event that the contractual partner/client resells the goods to a third party prior to full payment, the former shall already now assign all claims arising from this legal transaction to VG Marketing GmbH&Co.KG. In this case the contractual partner undertakes to cooperate, in particular to provide the complete documents required to assert the assigned claims against the third party.

Place of performance and jurisdiction is Cologne, Germany. The law of the Federal Republic of Germany applies. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

Should individual provisions of these General Terms and Conditions violate applicable and mandatory law, this shall not affect the validity of the remaining provisions.