Terms & Conditions

preweal sports GmbH · Beta-Straße 25 · 85774 Unterföhring, Germany
Version: March 2026

Both language versions are legally binding. In the event of conflict, the German version shall prevail.

§ 1 Scope of Application

§ 2 Contract Formation

(1) Offers made by Preweal are non-binding unless expressly stated otherwise. Information contained in brochures, catalogues, websites or other materials does not constitute a binding offer.

(2) The Customer’s order constitutes a binding offer to conclude a contract. Preweal may accept this offer within 14 calendar days.

(3) The contract is concluded by: a) written order confirmation by Preweal (including by email), or b) actual delivery of the goods or provision of services.

(4) The order confirmation issued by Preweal shall be decisive for the content of the contract.

(5) Amendments, supplements or ancillary agreements must be made in writing. Email shall satisfy the written form requirement.

(6) Preweal reserves the right to reject orders without stating reasons, in particular if there are doubts regarding the Customer’s creditworthiness.

§ 3 Prices and Payment

(1) All prices are stated in euros and are net prices plus applicable VAT and any shipping, packaging or ancillary costs. For deliveries to Switzerland and other third countries, separate pricing may apply; customs duties, import charges and other costs shall be borne by the Customer.

(2) Unless otherwise agreed in writing, the following payment terms apply: a) 50% deposit upon order b) 50% prior to shipment Alternatively, where Preweal expressly grants payment on account in writing: full invoice amount payable within 14 calendar days of invoice date, net without deduction.

§ 4 Delivery and Transfer of Risk

(1) Delivery shall be made DAP (Delivered At Place) according to Incoterms® 2020 to the delivery address specified by the Customer, unless otherwise agreed. Preweal bears the cost and risk of transport until the goods are made available at the agreed destination.

(2) Risk transfers upon making the goods available for unloading at the agreed delivery location. From this point, all risks, including loss or damage, pass to the Customer. This applies also to agreed partial deliveries.

(3) Unloading, internal transport, installation, assembly and commissioning are not part of delivery and are the sole responsibility of the Customer unless otherwise agreed in writing and separately remunerated.

(4) Delivery times are only binding if expressly agreed in writing as such. Otherwise, they are non-binding estimates.

(5) Force majeure and other unforeseeable circumstances beyond Preweal’s control (e.g. strikes, pandemics, supply shortages, governmental actions) entitle Preweal to extend delivery periods. Claims for damages arising from such events are excluded.

(6) Preweal is entitled to make partial deliveries where reasonable for the Customer.

(7) Visible transport damage must be reported to the carrier immediately upon receipt and documented in writing; a copy must be forwarded to Preweal without delay. Failure to give notice creates an evidential disadvantage for the Customer with regard to the existence and extent of the damage.

(8) If the Customer is in default of acceptance or breaches other obligations to cooperate, Preweal may claim compensation for resulting damages. Risk shall transfer to the Customer at the time of default.

§ 5 Retention of Title

(1) Goods delivered by Preweal (“Reserved Goods”) remain the property of Preweal until full payment of all current and future claims arising from the business relationship (extended retention of title).

(2) The Customer may resell the Reserved Goods in the ordinary course of business. The Customer hereby assigns to Preweal all claims arising from such resale up to the invoice amount. Preweal accepts this assignment.

(3) The Customer remains authorized to collect assigned claims as long as it meets its payment obligations. In case of default, Preweal may collect such claims directly.

(4) The Customer shall not pledge or transfer ownership of the Reserved Goods as security. Third-party access (in particular attachments) must be reported to Preweal immediately in writing. The Customer bears the costs of any intervention.

(5) If the Reserved Goods are processed, combined or mixed, Preweal acquires co-ownership of the new item in proportion to the value of the Reserved Goods relative to the other items processed.

(6) For distribution partners (resellers, distributors): The extended retention of title applies accordingly. The distribution partner must agree a retention of title vis-à-vis its buyers and accept the above assignment. Upon request, a current list of outstanding resale claims including buyer details must be provided to Preweal.

(7) In case of breach of contract by the Customer, in particular default of payment, Preweal is entitled to reclaim the Reserved Goods after setting a reasonable deadline. Unless mandatory law provides otherwise, reclaim does not constitute withdrawal from the contract.

§ 6 Defects and Warranty Rights

§ 7 Voluntary Manufacturer’s Guarantee

(1) Preweal optionally provides a voluntary manufacturer’s guarantee of 24 months from transfer of risk for material and manufacturing defects under proper use. The guarantee supplements statutory warranty rights and does not restrict them.

§ 8 Operator Obligations and Conditions of Use

(4) The Customer is obliged to handle the device with care, use it as intended, and comply fully with obligations under

§ 9 Liability

(1) Preweal shall be liable without limitation for damages resulting from: a) intent or gross negligence; b) injury to life, body or health; c) assumption of a guarantee; d) mandatory statutory liability (in particular under the Product Liability Act).

(2) In cases of slight negligence with respect to essential contractual obligations (“cardinal obligations”), liability is limited to foreseeable damages typical for the contract. Cardinal obligations are those whose fulfilment is essential for the proper performance of the contract and on whose compliance the Customer may regularly rely.

(3) In cases under paragraph (2), Preweal’s liability is limited in amount to: a) the contract value, or b) in case of continuing obligations, the annual contract value, whichever is higher.

(4) Liability for indirect damages, consequential damages, loss of profit, production downtime, loss of use or data loss is excluded to the extent permitted by law.

§ 10 Try & Buy

(1) Preweal may offer the Customer the opportunity to test a device under a “Try & Buy” arrangement pursuant to individual written agreement.

(2) The trial period is four (4) weeks from delivery unless otherwise agreed. Ownership of the device remains with Preweal throughout the trial period.

(3) Upon acceptance of the Try & Buy offer, a deposit as set out in the individual written offer (typically EUR 1,000.00 including statutory VAT) is due upon delivery. In the event of purchase, the deposit is credited in full against the agreed purchase price.

§ 11 Service and Maintenance

(1) Maintenance and service are agreed separately. Subject matter, scope, term and conditions are governed by the respective maintenance contract.

§ 12 Technical Modifications

§ 13 Product Compliance and Regulatory Requirements

(1) Preweal warrants that products comply with applicable EU regulations at the time of placing on the market – in particular the Machinery Directive 2006/42/EC (or, following its replacement, the Machinery Regulation (EU) 2023/1230, where and to the extent applicable) and the relevant harmonised standards. The EU Declaration of Conformity is provided to the Customer upon delivery or made available upon request.

(2) Compliance with specific national regulations (e.g. operator approvals, local requirements) at the installation location is the Customer’s responsibility. Upon resale, the Customer must pass on all CE documentation in full to the purchaser.

§ 14 Data Protection

(1) Personal data of the Customer and its contact persons is processed exclusively for the purpose of contract initiation, performance and fulfilment, and within the legally permissible framework, in particular in accordance with the GDPR and BDSG. Details are set out in Preweal’s Privacy Policy.

(2) Where the Customer collects or processes personal data of its end users in connection with the use of Preweal devices or the companion app, the Customer is the controller within the meaning of Art. 4(7) GDPR and bears sole responsibility for compliance with applicable data protection law vis-à-vis its end users.

(3) Where Preweal obtains access to personal data attributable to the Customer as controller in the course of maintenance, service, or remote diagnostic activities, the parties shall upon request conclude a data processing agreement (DPA) pursuant to Art. 28 GDPR. Preweal implements appropriate technical and organisational measures (TOMs) pursuant to Art. 32 GDPR.

§ 15 Amendments to these GTC

(1) Amendments to these GTC are only permitted for ongoing continuing obligations (in particular maintenance and service contracts or framework supply agreements). This provision does not apply to individual purchase contracts already concluded.

(2) Amendments must be communicated to the Customer in advance – at least six (6) weeks before they take effect – provided there is a legitimate reason (in particular changes in law, supreme court decisions, or material changes in the economic environment). Preweal will expressly draw the Customer’s attention to the consequence of silence in the notice.

(3) Amendments must not alter the core character of the contract. Amendments shall be deemed approved unless the Customer objects in writing within the notice period.

§ 16 Final Provisions

(1) If any provision of these GTC is or becomes wholly or partially invalid or unenforceable, the remaining provisions shall not be affected. The invalid provision shall be replaced by the valid provision most closely achieving its economic purpose.

(2) Amendments and additions to these GTC and to contracts concluded thereunder require written form (email is sufficient). This also applies to the waiver of this written form requirement.

§ 17 Governing Law and Jurisdiction

(1) All legal relationships between Preweal and the Customer shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and German private international law conflict-of-law rules. Mandatory protective provisions of the Customer’s country of habitual residence remain unaffected.

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC and the contracts based thereon is Munich, provided the Customer is a merchant, a legal entity under public law or a public law special fund. Preweal is also entitled to bring proceedings against the Customer at the Customer’s general place of jurisdiction.

(3) For Customers domiciled in Switzerland: Alternatively, the parties may agree in writing to refer disputes to arbitration (ICC or Swiss Rules) or to the ordinary Swiss courts at the Customer’s registered office.