General Terms and Conditions of EB-Sport & Technik GmbH / Vitalperform Academy & Shop

1. Content and Conclusion of the Training, Travel, Consulting, and Sales Contracts Our deliveries, services, and offers are provided exclusively on the basis of these General Terms and Conditions. These General Terms and Conditions also apply to all future business relationships with companies, even if they are not expressly agreed upon again. We hereby expressly object to the inclusion of any customer's general terms and conditions that contradict our General Terms and Conditions.

The contract language is exclusively German.

You can access and print the currently valid terms and conditions.

1. The entrepreneur offers guided mountain bike tours, road bike tours, cycling technique courses, health consultations and events, personal coaching in sports and healthcare, and products in an online shop. Additionally, the organizer offers services in the health and trade sectors.

2. By registering in writing, by telephone or electronically, the customer offers the

The entrepreneur offers to conclude a contract. The content of the contract includes the tender, the brochure, or any other printed or digitally designed description of the option to be booked.

3. If the customer registers additional participants for an event, trip, driving technique course or personal coaching session with their registration, the registering party is also liable for the additional participants, unless they have expressly and separately rejected such an obligation.

4. The contract is concluded upon acceptance by the entrepreneur. The customer will receive written confirmation by email at or immediately after conclusion of the contract. The customer agrees to the storage of their data.

5. If the content of the confirmation differs from the content of the registration, this constitutes a new offer from the entrepreneur, which is binding for a period of 10 days. If the booking party declares acceptance within this binding period, the contract is concluded on the basis of this new offer.

6. The company's terms and conditions apply exclusively to this contract; other terms and conditions shall not become part of the contract, even if they are not expressly rejected.

7. The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase agreement. Rather, it is a non-binding invitation to order goods in the online shop.

8. By clicking the "Order now subject to payment" button, you submit a binding offer to purchase (§ 145 BGB).

9. After receiving your purchase offer, you will receive an automatically generated email confirming that we have received your order.

10. The products offered in our online shop are exclusively for buyers who are at least 18 years of age (confirmation of receipt). This confirmation of receipt does not yet constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.

11. A purchase agreement for the goods only comes into effect when we expressly accept the

We will declare our purchase offer or if we ship the goods to you without prior express declaration of acceptance.

2. Payment

1. For amounts under €200, payment is due immediately upon receipt of the security certificate. For higher amounts, a deposit of 15% of the total price is due immediately. The remaining balance is due 4 weeks before the scheduled start of the service, provided the security certificate has been issued.

2. For short-notice bookings made within four weeks of the start of the event, the booking price is due immediately in full.

3. If the booking lasts no longer than 24 hours, does not include an overnight stay, and the price does not exceed €75, the full booking price may be demanded in accordance with § 651k of the German Civil Code (BGB), even without issuing a security certificate. Tours with overnight stays must be paid in advance. Without timely payment of the full price, the traveler no longer has a claim to the travel services but is obligated to pay cancellation fees.

4. The travel/event documents will be handed out immediately after full payment has been received.

3. Performance

1. The content and scope of the services are derived from the advertisement on the homepage, in the brochure or according to the descriptions in section 1. No. 2 of these terms and conditions as well as information in the travel confirmation.

4. Changes in performance

1. The itinerary outlines the planned route without guaranteeing the exact details. Changes to individual travel services, such as the route or overnight stays, as well as changes to the itinerary due to weather conditions or organizational reasons that arise after the conclusion of the contract and deviate from the contractually agreed content of the travel contract, are permitted, provided that these changes are not significant and do not affect the overall character of the booked trip.

5. Prizes

1. The prices listed on the product pages include statutory VAT and other price components and are exclusive of the respective shipping costs.

6. Price change

1. The tour operator is entitled to increase the tour price if this is necessary to reflect an increase in transportation costs or charges for specific services, such as a change in the exchange rates applicable to the trip in question, and if more than four months lie between the conclusion of the contract and the agreed departure date. The customer will be informed of this no later than 21 days before departure.

2. If the permissible price increase exceeds 5% of the originally agreed price, the customer has the right to cancel the trip or to participate in a trip of at least equivalent value. The participant must assert these rights in writing immediately upon notification of the price increase.

7. Payment terms; default

1. Payment can be made by invoice (prepayment), credit card, or PayPal. If you choose prepayment, we will provide our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receiving the order confirmation.

2. When paying by credit card, the purchase price is reserved on your credit card at the time of ordering ("authorization"). Your credit card account will actually be charged when we ship the goods to you.

3. If you default on a payment, you are obligated to pay statutory default interest at a rate of 5 percentage points above the base interest rate. For each reminder letter sent to you after the default, a reminder fee of EUR 2.50 will be charged, unless a lower or higher amount of damages is proven in a specific case.

4. The booking price for events/activities/coaching sessions and products is due immediately in full.

Without timely payment of the full travel price, the traveler no longer has a right to the provision of the travel service, but is obligated to pay the cancellation fees.

5. The travel/event documents will be handed out immediately after full payment has been received.

8. Set-off/Right of Retention

1. You are only entitled to a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us, or is in a close synallagmatic relationship to our claim.

2. You may only exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.

9th delivery; Retention of title

1. Unless otherwise agreed, the goods will be delivered from our warehouse to the address you have provided.

2. The goods remain our property until the purchase price has been paid in full.

3. If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the following also applies:

We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or assigning the goods as security is not permitted before title has passed.

You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale up to the amount of the invoice. We accept this assignment; however, you remain authorized to collect these claims. If you fail to meet your payment obligations, we reserve the right to collect the claims ourselves.

In the event of combination or mixing of the goods subject to retention of title, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

We undertake to release the collateral held by us upon request, insofar as the realizable value of our collateral exceeds the secured claims by more than 10%. The selection of the collateral to be released is at our discretion.

10. Cancellation policy for goods (does not apply to coaching, consultations, tours, events): see terms and conditions

11)

If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e., you are making the purchase for purposes that are predominantly neither related to your commercial nor your self-employed professional activity, you have a right of withdrawal in accordance with the following provisions. Right of withdrawal: You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise your right of withdrawal, you must inform us

Company: EB-Sport & Technik GmbH Address: Holzgerlingerstr. 16, 71101 Schönaich Email: info@ebsportundtechnik.de

You must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but this is not obligatory.

To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period expires.

Consequences of the revocation

1. If you withdraw from this contract, we will reimburse all payments received from you, excluding delivery costs, without undue delay and at the latest within fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees as a result of this reimbursement.

2. We may refuse reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

3. You must return or hand over the goods to us or to EB-Sport GmbH without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired.

4. You bear the direct costs of returning the goods.

5. You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.

ATTENTION: Depending on the time elapsed before the event/course, a 100% refund may not always be possible! See below!

If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of your exercise of the right of withdrawal with respect to this contract, in comparison to the total scope of the services provided for in the contract.

Sample Cancellation Form If you wish to cancel the contract, please fill out this form and return it.

An

Company: EB-Sport & Technik GmbH Address: Holzgerlingerstr. 16 | 71101 Schönaich Email: info@ebsportundtechnik.de

I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):

Ordered on (*)/received on (*) Name of consumer(s): Address of consumer(s):

Signature of consumer(s) (only for notifications on paper) Date

(*) Delete as appropriate.

End of the cancellation policy

The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name), to the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, or to the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

Please avoid damage and contamination. If possible, please return the goods to us in their original packaging, including all accessories and packaging materials. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging to avoid claims for damages due to inadequate packaging.

Please call us at 49 7031 4298290 before returning any items to announce the return. This will allow us to process your return as quickly as possible. Please note that the procedures described in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of your right of withdrawal.

ATTENTION: Depending on the time elapsed before the event/course, a 100% refund may not always be possible! Have you requested that the services be provided during the cancellation period?

If you are to begin, you must pay us a reasonable amount corresponding to the proportion of services already provided up to the time you inform us of your exercise of the right of withdrawal with regard to this contract, in comparison to the total scope of services provided for in the contract.

12. Cancellation by the participant for events/trips/services

1. Participants may withdraw from the event at any time. The withdrawal becomes effective upon receipt of the written declaration by us.

2. Due to the withdrawal (cancellation) or failure to attend the event, the following applies in accordance with Section 651i Paragraph 2.

According to Section 2 of the German Civil Code (BGB), a lump-sum compensation for costs can be demanded. The following fees typically apply:

– up to 30 days before the start of the trip/event/activity: 15%

– from 29 to 15 days before the start of the trip / event / function: 80%

– from 14 to 0 days before the start of the trip/event/activity: 100%

– 1 day prior & in case of no-show 100%

3. The participant is entitled to prove that no damage or less damage has occurred.

4. Participation Requirements: Anyone who meets the physical and health requirements specified in the event description and has demonstrably paid the event fee may participate. The tour guide or representative of the organizer is entitled to exclude any participant from the event at the beginning or during the event who clearly does not meet any of these requirements. In this case, there is no entitlement to a refund of the paid travel fee!

13) Obligation of participants to cooperate

1. The participant is obliged to cooperate in accordance with legal provisions in the event of any service disruptions, in order to avoid or minimize any potential damage.

2. The participant is particularly obliged to report his complaints immediately to the local authority.

The organizer must be notified. If the customer culpably fails to report the defect, their claims for price reduction and damages are excluded.

14) Withdrawal by the organizer

1. The organizer may cancel the event up to 14 days before the start date if the minimum number of participants is not reached.

The organizer may cancel the event by giving written notice to the customer if the event description specifies a minimum number of participants. The customer will receive a full refund of the event price paid. No further claims are permitted.

2. If the customer disrupts the event despite a warning from the organizer, or behaves in such a way as to justify immediate termination of the contract, the organizer may terminate the contract without notice. This includes, in particular, situations where the customer disregards safety regulations or endangers themselves or others. In this case, the organizer retains the right to the event price but must credit the customer with the value of any expenses saved and any benefits gained from using the unused services elsewhere, including any amounts credited to them by service providers.

3. If the trip is significantly impeded, endangered, or impaired due to force majeure that was unforeseeable at the time of contract conclusion, both the organizer and the customer may terminate the contract. If the contract is terminated, the organizer may demand reasonable compensation for travel services already rendered or still to be rendered until the end of the event. In the event of force majeure, both parties shall bear half of the additional costs incurred for necessary measures, in particular for return transportation.

4. A medical examination is recommended to ensure that the participant's health is suitable for the demands of such a sports trip. The client is obligated to inform the organizer of any pre-existing conditions, allergies, or health limitations, as well as any regular or emergency medication. In cases where the risk is deemed too high, the organizer/tour guide reserves the right to cancel the event without refund, even immediately before its commencement.

15) Exclusion of claims, statute of limitations

1. Claims arising from the non-performance or improper performance of the event must be submitted in writing to the organizer by the customer within one month of the contractually agreed end of the event. After this period, the customer may only assert claims if they were prevented from complying with the deadline through no fault of their own.

2. Claims by the customer under Sections 651c and 651f of the German Civil Code (BGB) are subject to a one-year statute of limitations. The limitation period begins on the day the event was scheduled to end according to the contract. If negotiations concerning the claim or the circumstances giving rise to the claim are pending between the customer and the organizer, the statute of limitations is suspended until either the customer or the organizer refuses to continue the negotiations. The statute of limitations expires no earlier than three months after the suspension ends.

16) Rebookings/ Substitute Participants

1. If, at the participant's request, changes are made to the booking after the contract has been concluded, in addition to any changed price, the actual processing costs incurred, at least EUR 25.00, will be charged.

2. In accordance with Section 651b of the German Civil Code (BGB), the participant may, up until the start of the trip, request that a third party assume their rights and obligations under the contract. In this case, joint and several liability applies. The change of participant may be objected to if the third party does not meet the specific requirements of the trip/event, or if legal or official requirements preclude it.

17) Warranty

1. If the trip is not provided in accordance with the contract, the customer may demand redress. The tour operator may also provide redress by offering an equivalent substitute service. The tour operator may refuse redress if it would entail disproportionate expense.

2. For the duration of any non-conforming performance, the customer may demand a corresponding reduction in price (abatement). The price shall be reduced in the same proportion as the value of the event in a defect-free condition would have borne to its actual value at the time of sale. The abatement shall not apply if the customer culpably fails to report the defect.

3. If an event or trip is significantly impaired due to a defect and the organizer fails to remedy the defect within a reasonable period, the customer may terminate the contract by giving written notice to the organizer in accordance with statutory provisions. The same applies if, due to a defect, the event is unreasonable for the customer for an important reason that is apparent to the organizer. Setting a deadline for remedy is only unnecessary if remedying the defect is impossible or is refused by the organizer. If the customer has a special interest that justifies immediate termination of the contract, only that portion of the price that was of interest to the customer is owed.

4. In the case of health consultations, the success of the treatment depends on the collaboration with the client. No guarantees are offered. Not all treatment methods are recognized by conventional medicine and are only used with the client's consent.

5. Goods are subject to the statutory warranty.

18) Distance selling contracts § 312b

1. The regulations concerning distance contracts, in particular the right of withdrawal, apply to

Online booking of a trip is not applicable. Package holidays are services that are provided at a specific time or within a precisely defined period.

2. The participant may only sue the organizer at the organizer's registered office. For lawsuits brought by the organizer against the participant, the participant's place of residence is the determining factor. This does not apply if the lawsuit is directed against merchants or persons who have moved their residence abroad after conclusion of the contract, or whose residence or habitual abode has moved abroad. In these cases, the organizer's registered office is the relevant location.

19) Liability

1. By booking, the customer releases EB-Sport & Technik GmbH, its representatives, agents, and assistants from liability claims for damages arising from the above-booked event, unless caused by gross negligence or intent. In case of damages,

For damages that are not personal injuries, were not caused by gross negligence and were solely caused by the organizer or his assistants, the organizer is only liable up to three times the travel price.

2. The customer participates in mountain bike tours, sporting activities of all kinds, and similar undertakings involving particular dangers at their own risk. At cycling events (whether MTB, road bike, e-bike, or trekking bike), the customer is responsible for their riding style, for registering in a group appropriate to their skill level, and for their physical fitness. Every customer is aware that cycling, even when practiced properly, involves inherent risks.

3. A medical examination is recommended to ensure that the participant's health is suitable for the demands of such a sports trip. The client is obligated to inform the organizer of any pre-existing conditions, allergies, or health limitations, as well as any regular or emergency medication requirements. In cases where the risk is deemed too high, the organizer/tour guide may cancel the trip without refund, even immediately before the start of the event.

4. The customer undertakes to observe the published rules of conduct and the

Follow the instructions of the organizer, tour guides, and driving technique instructors.

5. The organizer accepts no liability whatsoever for damage to or loss of private or rented bicycles or other equipment. The organizer is not liable for damages caused by third parties or other tour participants, or by failure to follow instructions from the group leader or by disregarding traffic regulations.

6. If individual travel services such as hotel/accommodation are arranged by EB-Sport GmbH, the respective terms and conditions of the external contractual partner apply. Taking out baggage, trip cancellation, liability, accident, and international health insurance is strongly recommended.

7. If the customer registers additional participants for a trip, driving technique course or personal coaching session with their registration, the registering party is also liable for the additional participants, unless they have expressly and separately rejected such an obligation.

20. Organizer/Entrepreneur:

EB-Sport & Technik GmbH Holzgerlingerstr. 16 71101 Schönaich

I. Scope

1. The contractual basis for this order consists of

a) the following General Terms and Conditions

b) The provisions of the German Civil Code (BGB) concerning contracts for work and services and similar contracts, Sections 631 et seq., in the version valid at the time of conclusion of the contract. These are hereby agreed to apply to all future contractual relationships as well. The client's general terms and conditions shall only apply insofar as the contractor has expressly agreed to them in writing or electronically. The contractor's silence regarding the client's general terms and conditions shall not be deemed as acceptance.

2. The content of the contract is governed by the contractor's order confirmation or – if no such confirmation exists – by their offer. If the client accepts an offer from the contractor with modifications or additions, the content of the contract is determined by the contractor's acceptance.

3. All documents belonging to the offer – such as drawings, illustrations, weight and penetration specifications, etc. – are only approximate unless expressly designated as binding at the client's request. All proprietary and copyright rights to the offer and all documents remain reserved. The offer and the documents may not be passed on, published, or reproduced without the supplier's permission, nor may they be used for any purpose other than the agreed one.

4. The offer is made on the condition that

a) the media used in the operation of the plant (water, air, etc.) are not aggressive, b) no hazardous substances within the meaning of the Hazardous Substances Ordinance are present or need to be removed during the execution of the work, which are not expressly specified in the service description according to type and scope.

II. Building plans and official permits The client shall obtain, at his own expense and in a timely manner, all permits required for the construction and operation of the plant. If the contractor assists him in this process, the client shall also bear the resulting costs.

III. Prices and Payments

1. The prices quoted are valid only when the entire system is ordered. They are exclusive of VAT at the legally applicable rate (service prices). Increases in the VAT rate entitle the contractor to corresponding price adjustments; this does not apply to services to be rendered within four months of the contract's conclusion.

2. All ancillary work (e.g., masonry, chiseling, plastering, carpentry, earthworks, electrical work, painting) is not included in the offer unless it is listed separately with quantity and price. If performed by the contractor, it will be billed separately.

3. Installations that are carried out additionally or repeatedly for reasons beyond the contractor's control shall be compensated separately.

4. If the assembly is interrupted for reasons beyond the contractor's control, the resulting additional costs will be charged to the client.

5. The order will be invoiced based on measurements taken at the agreed unit prices, unless a lump sum price has been expressly agreed.

6. Interim payments shall be granted upon request at the shortest possible intervals or at the agreed-upon times, in the amount of the value of the respective documented contractual services rendered, including the applicable value-added tax. The services must be documented by a verifiable statement. This statement must allow for a prompt and reliable assessment of the services rendered. The final payment is due two weeks after acceptance of the work.

IV. Retention of Title

The contractor retains ownership and the right to dispose of the delivered goods until receipt of all payments due under the contract. If the delivered goods have become integral parts of the property and the client is the property owner, the client is obligated, in the event of failure to meet the agreed payment deadlines, to permit the contractor to dismantle those items that can be removed without significantly impairing the building structure and to transfer ownership of these items back to the contractor. If the client infringes upon the aforementioned rights of the contractor, the client is liable for damages. The costs of dismantling and other related expenses shall be borne by the client.

If delivered goods are permanently attached to another item, the client, in the event that claims or co-ownership arise as a result, assigns its claims or co-ownership rights in the new item to the contractor up to the amount of the contractor's claim. The contractor undertakes, at the client's request, to release any security acquired under this contract to the extent that it exceeds the value of all the contractor's secured claims by more than 20%.

V. Assembly, execution period and notification obligations for welding work

1. Execution deadlines must be agreed upon in a timely manner. The commencement of assembly is contingent upon the site preparation work having progressed sufficiently to allow for unimpeded assembly. The execution period only begins once all commercial and technical prerequisites for the installation have been definitively established, and not before the client has obtained the necessary permits as outlined in Section II, nor before receipt of any agreed-upon advance payment.

2. If cutting, welding, thawing, and/or soldering work is required, the contractor must inform the client of the associated hazards. The client is obligated to inform the contractor of any potential hazards (e.g., fire hazards in rooms or from materials) and to take all necessary safety precautions (e.g., providing fire watch personnel, fire extinguishers, etc.).

3. If work is to continue in particularly unfavorable weather conditions, it is the responsibility of the client to create the conditions for the continuation of the work.

VI. Acceptance and Transfer of Risk 1. The contractor bears the risk until acceptance of the system. However, if the system is damaged or destroyed before acceptance due to force majeure or other objectively unavoidable circumstances beyond the contractor's control, the contractor is entitled to payment for the work performed to date and any other costs incurred. 2. The system erected by the contractor must be accepted upon completion of the work, even if the final adjustment of the system has not yet taken place. Self-contained parts of the work must be accepted separately upon request. Use of the system before acceptance is only permitted with the express consent of the contractor. Acceptance is deemed to have occurred if the client fails to accept the work within a reasonable period specified by the contractor, despite being obligated to do so.

3. During the trial commissioning, the client's operating personnel will be instructed by the contractor in the operation of the system.

VII. Claims for Defects

The client's rights are governed by Section 634 of the German Civil Code (BGB). The limitation period for claims based on defects is one year, unless the services rendered involve work on a building. In that case, the statutory limitation periods apply.

VIII. Liability

In cases of simple negligence, but not gross negligence or intent, the client's liability for damages is limited to the foreseeable damages typical for this type of contract. However, the contractor is liable without limitation for injury to the life, body, or health of the client resulting from an intentional or negligent breach of duty by the contractor or an intentional or negligent breach of duty by its legal representatives or agents.