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Terms & Conditions

§ 1 Scope of Application; Contract Language 

(1) These General Terms and Conditions (GTC) shall apply to all agreements signed between you and us, Oner Active Austria GmbH, Römerstraße 18, 6065 Thaur, represented by the business managers regarding this online shop.


(2) The language available for any agreement shall be exclusively the German language. Translations of these Terms and Conditions into any other language shall only serve for the purpose of information. In case of any difference between the language versions, the German text shall have precedence.


    § 2 Applicable Law; Mandatory Consumer Protection Regulations 

    (1) The law of the Republic of Austria shall apply without the possibility of recourse to the UN Convention for the International Sale of Goods if
               (a) you have your usual residence in Austria, or
               (b) your usual residence is in a country that is not a member of the European Union.


      (2) Austrian law shall also apply if you have your usual residence in a Member State of the European Union, with the mandatory rules and regulations of the country in which you have your usual residence remaining unaffected thereby.




      § 3 Preparation of the Agreement

      (1) The display of goods and services in our online shop shall not constitute a legally binding offer but a request for the placement of an order (invitatio ad offerendum).

      (2) By clicking the "Purchase" button in the last step of the order process you make a binding offer for purchasing or reserving the goods and/or services indicated in the order summary. Immediately after you send the order, you will receive an order confirmation, which however shall not yet constitute an acceptance of your contract offer. An agreement between you and us shall only come about when we accept your order or reservation by separate email or when we release the merchandise for shipment. Please check the Spam folder of your email inbox on a regular basis.


          § 4 Technical Steps before Signing the Agreement and Correction of Input Errors

            During the order process you first of all place the requested items into the shopping cart. You may subsequently change the requested number of items at any time or remove selected items altogether. If you have placed merchandise into the cart, and after clicking the "Continue" button, you will arrive at a page in which you can enter your data and then select the shipment and payment options. Finally, a summary page will open up where you can double-check your information. You can correct input errors (e.g. concerning the type of payment, dates, or the requested number of items) by clicking on the respective "Change" button. If you wish to abort the order process, simply close your browser window. Otherwise, after clicking the confirmation button "Purchase", your declaration will be binding within the meaning of § 3 para. 2 of these GTC.  

             

            § 5 Storage of the Contract Text

            The contract clauses with information about the ordered goods and reserved services including these General Terms and Conditions and our cancellation policy will be sent to you by email upon the acceptance of the contract offer or the confirmation thereof. We do not store the contract clauses.     

                 

            § 6 Registration with Our Online Shop; Processing of your Personal Data

            (1) You may place orders for our online shop merchandise as a guest or as a registered user. As registered user you do not have to input your personal data every time but simply log into your customer account before or during the order process with your email address and the password that you freely chose during registration. The registration alone does not create any purchase obligation for the goods offered by us.

            (2) You will find information about the processing of your data in our data privacy policy, which you can download from our online shop.


                § 7 Payment Terms

                (1) The purchase price shall become due immediately with the order.


                (2) You may make payment for the merchandise at your option by credit card or by a money transfer using any of our payment service providers PayPal, AfterPay, Clearpay, Stripe or Klarna.


                    § 8  Retention of Title

                      The merchandise shall remain our property until full payment is received by us. 

                       

                      § 9  Terms of Delivery; Customs Duties

                      (1) We ship the merchandise according to the agreements signed by you during the order process. The shipping costs are listed in the product description and shown by us separately on the invoice.

                      (2) We will try to release your order within 1-3 business days to the shipper and deliver the merchandise to you within the stipulated delivery time. However, in high season and during an ongoing sales campaign longer processing and delivery times are possible.


                      (3) In case of shipment to a non-EU country your order might incur additional taxes or costs (e.g. customs duties). These will not be paid or invoiced by us but must be settled by you directly with the competent customs or revenue office.


                          § 10 Right of Withdrawal

                            As a consumer you have a right of withdrawal in accordance with the information reproduced below. A consumer is any natural person entering into a legal transaction for purposes that cannot be attributed either to its commercial or independent professional work. Below is a literal reproduction of the cancellation policy as mandated by law.

                             

                            CANCELLATION POLICY   

                             

                            RIGHT OF WITHDRAWAL  

                            You have the right to withdraw from this agreement within fourteen days for any reason.

                            The withdrawal period shall be fourteen days from the day on which you or a third party designated by you that is not a shipper take possession of the goods.

                            In case of an agreement on a standing order for the supply of goods or services over a specified period, the withdrawal period shall be fourteen days from the day on which you or a third party designated by you that is not a shipper take possession of the goods.  

                            In order to exercise your right of withdrawal, you must notify us (Oner Active GmbH, Römerstraße 18, 6065 Thaur, e-mail: support@customercare.oneractive.com) of your decision to withdraw from this agreement by means of an unambiguous declaration (e.g. letter sent by regular mail or e-mail). You may use the attached sample withdrawal form or alternatively send a clear statement via our contact page https://us.oneractive.com/pages/contact. If you make use of this option, we will immediately send you (e.g. per e-mail) a confirmation of receipt of withdrawal.

                            For compliance with the withdrawal deadline it is sufficient for you to mail the notification regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.  

                                  

                            CONSEQUENCES OF WITHDRAWAL      

                            If you withdraw from this agreement, we must return all payments that we received from you, including any delivery costs (with the exception of extra costs incurred in connection with your choosing a type of shipment other than the most favorable standard shipping method offered by us) to you immediately and at the latest within fourteen days from the date on which we received notice regarding your withdrawal from this agreement. For this refund we will use the same payment means used by you in the original transaction unless explicitly agreed to with you otherwise; you will not owe any fees in connection with this refund.

                            We may refuse a refund until we are in possession of the returned goods or until you are able to prove that you have returned the goods, whichever is the earlier date.  

                            You must return the goods to us immediately and in any event at the latest within 14 days from the date on which you inform us about your withdrawal from this agreement. You are in compliance with this deadline if you send the goods before the expiration of the 14-day grace period.          

                            You are responsible for the direct costs of the return of the goods.

                            You are however responsible for any depreciation of the goods only if the loss in value is due to the fact that you handled the goods in a way that was not necessary for checking the quality, properties, and functionalities of the goods.

                                       

                            ADDITIONAL INFORMATION         

                            If you return merchandise, please use the original packaging if still available.           

                             

                            Withdrawal Form Sample

                            (If you withdraw from the agreement, please complete this form, and return it to us)           

                            To Oner Active GmbH, Römerstraße 18, 6065 Thaur, Austria, e-mail: support@customercare.oneractive.com

                            I/we (*) hereby withdraw from the agreement signed by us/me (*) for the purchase of the goods (*) / the provision of the following services (*)    

                            • ordered on: (*) / received on (*)
                            • Name of costumer(s)
                            • Address of customer(s)
                            • Signature of customer(s)
                            • (only in case of notification by letter)
                            • Date

                            (*) Strike what does not apply          

                             

                            § 11  Warranty for the Purchase of Merchandise

                            (1) If the goods purchased and delivered in our online store are defective, you are entitled to demand supplementary performance, withdraw from the contract or reduce the purchase price (so-called warranty rights) within the framework of the statutory provisions. You are entitled to these warranty rights if the defects to the goods already existed at the time of delivery to you. In the case of defects that become apparent within a period of one year after receipt of the goods, we shall assume that these defects already existed at the time of delivery to you. In the case of defects that become apparent after expiration of one year from receipt of the goods and before expiration of the limitation period (see paragraph 2), you are entitled to the warranty rights if you can establish to us that these defects already existed at the time of delivery to you.

                             

                            (2) The limitations period for warranty claims for the supplied merchandise is two years from the receipt of the merchandise. Claims for defects that we fraudulently concealed fall under the statute of limitations within the statutory limitations period.

                             

                            (3) You have rights due to defects also in the context of a quality or shelf-life warranty if we explicitly and specifically issued such warranty for the sold merchandise.


                                § 12 Disclaimer

                                (1) We are legally liable in case of premeditated malice and gross negligence. Furthermore we are liable in case of a negligent breach of obligations whose fulfillment makes the proper performance of the agreement possible in the first place, the breach of which jeopardizes the execution of the contractual purpose and on the fulfillment of which you as a customer can normally rely. In the latter case we shall however be liable only for predictable contract-typical damages. The same shall apply to any breaches of duty on the part of our vicarious agents.

                                (2) The above disclaimers shall not apply in case of any injury to life, body, or health. Any liability under the product liability law shall not be affected hereby.


                                    § 13 Online Arbitration and Alternative Dispute Resolution; Severability Clause

                                    (1) The European Commission offers a platform for online dispute resolution (OS) http://ec.europa.eu/consumers/odr/.

                                    (2) We are not obligated or willing to participate in any dispute resolution proceedings under the German Consumer Dispute Resolution Act (VSBG - Verbraucherstreitbeilegungsgesetz).


                                    (3) In the event that individual provisions of this agreement are invalid, such event shall not affect the remaining provisions of this agreement.

                                      § 14 We have a 30-day* returns policy. It starts on the day your parcel is delivered and the return day counts. Discounted or Outlet items are non-returnable and non-refundable (subject to your statutory rights ).
                                      *45 days for Silver & 60 days for Gold Loyalty Club Members

                                      Status of the General Terms and Conditions: December 30, 2022

                                       


                                      USER GENERATED CONTENT

                                      When accepting rights requests you are allowing Oner Active to use your content in future marketing campaigns.

                                      Rights will be requested by Oner Active via commenting on your Instagram and require a response to approve use of your content. To agree to Oner Active reusing your content simply reply using the hashtag #oneractive_yes.

                                      Copyright: Upon approval, photos become the property of Oner Active and each participant relinquishes any claims of ownership or rights therein upon approval of their content to be used.

                                      Confidentiality: the content that you submit is deemed non-confidential and Oner Active has no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission.

                                      General: you confirm that you are: at least 18 years of age; solely responsible for the content; the original creator of the piece of content.

                                      Personal Information: you grant Oner Active the right to use your username and image, or other identifying information in connection with your content.

                                      Payment: By agreeing to the use of the content, you waive any payment for the use of your content across all mediums and channels.

                                      Oner Active reserves the right to remove, wherever reasonably possible, any user generated content from our website and social media channels. If you believe any content on our website and social media channels or displayed or used in connection with Oner Active infringes any person’s or entity’s copyright rights, please contact us.

                                      This agreement is subject to English Law any dispute arising in respect hereof shall be subject to the jurisdiction of the competent courts in London, England.

                                      Oner Active 10% Welcome Discount – Terms & Conditions

                                      1. The 10% welcome discount promotion is available exclusively to customers who subscribed to Oner Active marketing SMS communications during the designated sign-up period.
                                      2. Eligible customers will receive a unique discount code via SMS.
                                      3. The discount code provides 10% off full price products only.
                                      4. The discount code is valid from the date of issue until the 20th September at 11:59 PM CEST.
                                      5. Gift cards are excluded from the promotion.
                                      6. The discount code must be entered at checkout and cannot be applied retrospectively to completed orders.
                                      7. Unless otherwise stated, the discount code may be used in conjunction with loyalty points.
                                      8. The discount code is not valid in conjunction with other discount codes.
                                      9. The discount code is non-transferable, has no cash value, and may not be exchanged for cash or credit.
                                      10. Oner Active reserves the right to amend, suspend, withdraw, or cancel this promotion at any time where necessary.
                                      11. Oner Active reserves the right to refuse redemption of the discount code where misuse, fraud, or breach of these Terms & Conditions is suspected.
                                      12. Each discount code is unique, non-transferable, and valid for a single use only.
                                      13. Limit one discount code per customer. Any attempt to share, distribute, reproduce, or otherwise misuse a discount code may result in the code being invalidated.
                                      14. Only one 10% Welcome Discount code may be redeemed per order.
                                      15. By participating in this promotion, customers agree to these Terms & Conditions.

                                      This promotion is available in the US, subject to local laws and regulations.



                                      Terms & Conditions - NYC Community Campaign Application Form

                                      By submitting your application, you agree to the following terms and conditions.

                                      No purchase necessary to enter or win.

                                      Oner NYC Community Store Opening Contest (“Contest”) starts 5PM BST / 6PM CEST / 9AM PDT / 12PM EDT on September 14, 2026 and ends at 5PM BST / 6PM CEST / 9AM PDT / 12PM EDT on October 5, 2026 (“Contest Period”).

                                      ELIGIBILITY: Contest is open to legal U.S. residents who reside in the New York City metropolitan area, who are 18 years of age or older. Employees of Oner Active UK Ltd (“Sponsor”), its parent, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void outside the New York City metropolitan area and where prohibited by law. Contest is subject to all applicable federal, state and local laws. By participating, each entrant agrees to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Contest.

                                      HOW TO ENTER: During the Contest Period, to enter i) follow @oneractive on TikTok and Instagram and (ii) post a video that showcases how you Oner your body through movement through NYC. The content should tell the story behind your movement journey- exploring your why, where, and how you move, and (iii) include #ONERNYC and tag @oneractive (“Entry”). All Entries must be received by 5PM BST / 6PM CEST / 9AM PDT / 12PM EDT on October 5, 2026 (“Contest Period”).

                                      Entries generated by artificial intelligence, script, macro, automated or other means with the intent to subvert the entry process are void. Limit one (1) Entry per person for the entire Contest Period, regardless of method of entry. Multiple Entries from any person will be void. If you do not have an Instagram or TikTok account, (as applicable) establishing an account is free. All Instagram or TikTok terms apply (as applicable). Your Instagram or TikTok account (as applicable) must be set to “public” in order for your Entry to be eligible. You can return the applicable account to “private” and/or unfollow @oneractive any time after the winners have been announced. All Entries become the property of Sponsor.

                                      REQUIREMENTS OF ENTRIES: Entry must be entrant’s own work product, may not have been previously published, and may not have won previous awards. Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:

                                      • is sexually explicit or suggestive;
                                      • unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
                                      • profane or pornographic;
                                      • contains nudity;
                                      • promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
                                      • promotes any activities that may appear unsafe or dangerous;
                                      • promotes any particular political agenda or message;
                                      • is obscene or offensive;
                                      • endorses any form of hate or hate group;
                                      • appears to duplicate any other submitted Entries;
                                      • defames, misrepresents or contains disparaging remarks about other people or companies;
                                      • contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission, to the extent permission is necessary;
                                      • contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
                                      • contains copyrighted materials owned by others (including quote or words of others, photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission, to the extent permission is necessary;
                                      • contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
                                      • contains look-alikes of celebrities or other public or private figures, living or dead;
                                      • communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
                                      • violates any law.

                                      Sponsor, in its sole discretion, may disqualify your Entry for any reason, including if it determines that your Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content.

                                      Prohibition on use of AI: Entries must be the original work of the entrant. The use of artificial intelligence, including generative AI tools, models, or services (e.g., tools that generate or materially assist in creating text, images, audio, video, or other content), to create, draft, edit, or enhance an Entry is strictly prohibited.

                                      Any Entry that is generated in whole or in part using artificial intelligence, or that Sponsor reasonably believes has been created or materially assisted by artificial intelligence, will be deemed void and ineligible for consideration. Sponsor reserves the right, in its sole discretion, to request information or documentation sufficient to verify compliance with this requirement, and to disqualify any entrant who fails to provide such information.

                                      By submitting an Entry, each entrant represents and warrants that their submission is entirely human-created and does not incorporate any AI-generated or AI-assisted content.

                                      WINNER DETERMINATION: All eligible Entries received will be judged by a panel of qualified judges based on the following equally weighted judging criteria to determine the winners:

                                      • Creativity
                                      • Originality
                                      • Represents Oner’s brand values

                                      The entrants who submit the Entries receiving the highest scores will be deemed potential winners. In the event of a tie, a tie-breaker judge will judge the tied Entries using the above stated criteria to determine the winner(s). Sponsor reserves the right to not award all prizes if, in its sole discretion, it does not receive a sufficient number eligible and qualified Entries. All decisions of the Sponsor and judges are final and binding. Sponsor will not reveal the judging scores for any Entry.

                                      WINNER NOTIFICATION: The potential winners will be notified by direct message and/or a comment on their winning Entry and will be required to respond to initial notification within 72 hours. Potential winners may be required to execute and return a Declaration of Eligibility, Liability and, unless prohibited, Publicity Release. If a potential winner does not respond to the initial notification within the time period stated, does not return all required documentation within the time period stated, is not available to attend the Event (as defined below), or if the prize or prize notification is returned as undeliverable, or a potential winner is not in compliance with these rules, prize will be forfeited and, at Sponsor’s discretion, a runner-up will be notified.

                                      PRIZE: Each winner will be invited to attend the ONER NYC store’s Opening (exact date to be determined) (“Event”). Prize includes round trip ground transportation between winner’s home and hotel and hotel and event (determined by Sponsor in its sole discretion) and one (1) nights’ accommodations at a hotel determined by Sponsor in its sole discretion (one (1) room, single occupancy). Approximate Retail Value: $1,000 each. Actual value may vary based on location of winner’s residence. Winner will not receive difference between actual and approximate retail value. All costs and expenses associated with prize acceptance and use not expressly stated in the package description above, including but not limited to, meals, incidentals, gratuities, personal charges at lodging, or other expenses are the responsibility solely of winners. Winner agrees to abide by all Event rules and regulations. Failure to do may result in forfeiture of prize. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Winners may not substitute, assign or transfer prize, but Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) of comparable or greater value. Prizes are not redeemable for cash. Winners are responsible for all federal, state, and local taxes associated with acceptance and use of the prize. All prize details are at Sponsor’s sole discretion. Limit one (1) prize per person.

                                      PUBLICITY GRANT AND LICENSE/USE OF ENTRIES: By submitting an Entry, each entrant waives all moral rights in and to the Entry and grants to Sponsor and its licensees, successors, designees, and assigns an irrevocable, perpetual, unlimited, royalty-free, fully paid-up license to reproduce, distribute, display, exhibit, exploit, perform, edit, create derivatives of, and otherwise use the Entry and all elements of such Entry, together with any other material, and the name, user name, city and state of residence, voice, image and/or likeness of entrant (including, but not limited to, profile photo), in any and all media now known or hereafter devised, in any manner, in whole or in part, worldwide, without compensation or notification to, or permission from, entrant or any third party, for any purpose whatsoever, including without limitation, for purposes of advertising or trade. Entrant agrees that, if required by Sponsor, they will sign documents to this effect. Released Parties are not responsible for any unauthorized use of Entries by third parties. Sponsor has no obligation to make use of the rights granted herein.

                                      GENERAL CONDITIONS: By participating, each entrant agrees to release, discharge and hold harmless Sponsor, Meta Platforms, Inc. (dba Instagram), TikTok USDS Joint Venture LLC, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest-related activity or the acceptance, possession, use or misuse of any awarded prize (including any travel or activity related thereto).

                                      Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled Entries, comments, posts, emails, messages or other communications of any kind; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries, the announcement of the prizes, or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer or other device related to or resulting from participating in this Contest or downloading materials from or use of any social platform. Persons who tamper with or abuse any aspect of the Contest or social platform, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect Entries received prior to action taken using the winner determination procedure outlined above or as otherwise deemed fair and appropriate by Sponsor. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

                                      USE OF DATA: Any personal data collected about entrants by Sponsor will be done so in accordance with its privacy policy. Please review the Sponsor’s privacy policy here.

                                      WINNERS LIST: To receive the winners list (first name, last initial, and state of residence), send a direct message to @oneractive, by no later than 30 days after the end of the Contest.

                                      SPONSOR: Oner Active USA LLC, 303 Peachtree Centre Ave, Stee 600, Atlanta, Georgia 30303

                                      This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram or TikTok.





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