Download General Terms and Conditions >>

1. General, Customers, Language
(1) All offers, sales contracts, deliveries and services made on the basis of any orders by our customers (each, a „Customer“) through our online shop https://eu.ironmanstore.com/ (the „Internet Shop“) shall be governed by these general terms and conditions of sale (the „General Terms and Conditions“).
(2) Contractual partner of the customer is: 

IRONMAN Germany GmbH
IRONMAN EMEA Headquarters
Höchster Straße 90
65835 Liederbach / Germany

(3) The product offerings in the Internet Shop are directed to both Consumers and Business Customers (as defined below), but in each case only to end users. For the purpose of these General Terms and Conditions, (i) a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a „Business Customer“ is a Customer (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code). 
(4) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
(5) Our contracts with the Customer shall be made exclusively in the German or English language, in each case depending on whether the Customer makes the relevant purchase on our English language or on our German language website. Therefore, if the order is made on our German website, exclusively the German version of these General Terms and Conditions shall be relevant. If the order is made on our English website, exclusively the English version of these General Terms and Conditions shall be relevant.

2. Conclusion of Contract
(1) Our offerings published in the Internet Shop are non-binding.
(2) By placing an order in the Internet Shop (which requires prior registration and acceptance of these General Terms and Conditions), the Customer makes a binding offer to purchase the relevant product. The offer shall remain valid and binding for a period ending on the end of the third business day following the day of the offer.
(3) Without undue delay upon receipt of the order, we will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.
(4) We accept orders and deliveries in no other countries than the following: Germany, Austria, France, United Kingdom, Italy, Belgium, Netherlands, Luxembourg, Bulgaria, Denmark, Estonia, Latvia, Lithuania, Finland, Greece, Ireland, Malta, Norway, Poland, Portugal, Romania, Sweden, Switzerland, Slovakia, Slovenia, Spain, Croatia, Czech, Turkey, Hungary, Cyprus. *additional import duties and taxes will be the responsibility of the customer in Switzerland, Norway and the Canary Islands.


(5) Any Customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the cancellation and return policy as separately made available to the Customer on our website in connection with the order process.

3. Prices and Payment
(1) Our prices include statutory VAT, but are net of shipping costs. Shipping costs, any customs duties and similar public charges (all together costs) shall be borne in any case by the Customer and have to be paid before delivery. In case of a reversed transaction or returns these costs are not reimbursed by us. (2) Unless expressly otherwise agreed by us, all shipments by us shall require payment by credit card (to be made in the manner specified in our order form).


4. Dispatch of the Product
(1) We shall dispatch the product prior to or on the date of dispatch (i. e. the date on which the product is handed over by us to the carrier), as set out on the offer page when the Customer places the order; provided, however, that any such date of dispatch shall be only approximate and may therefore be exceeded by up to two business days. If no date of dispatch is indicated, we shall dispatch the product at the latest within seven business days (subject to a prior sale permitted pursuant to subsection 2 below). Any such time period relevant to determine the date of dispatch shall begin upon receipt by us of the full purchase price (including VAT and shipping costs). 
(2) Partial deliveries of Products included in the same order shall be permitted, provided that the products can be used separately and provided further that we shall bear any additional shipping costs caused thereby.

5. Shipment, Insurance and Passing of Risk
(1) Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion.
(2) We shall only be obliged to properly and timely deliver the product to the carrier, and any transit times specified in the Internet Store shall only be non-binding estimates. 
(3) If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In all other cases, such risk shall pass to the Customer upon delivery of the product by us to the carrier.

6. Retention of Title and Resale
(1) We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid.
(2) The Customer shall not be entitled to resell the products delivered by us which are under retention of title, except with our prior written consent. The Customer hereby assigns to us any receivables arising from any resale in an amount not exceeding the purchase price payable for the product by the Customer to us, plus 20%. We hereby authorize the Customer to collect any receivables so assigned to us in the ordinary course of its business, but are entitled to revoke such authorization at any time in the event of a payment default by the Customer.

7. Warranty
(1) In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects; provided, however, that we shall have the right to choose between any such remedies at our discretion if the Customer is a Business Customer. Such choice shall be made by us by written notice (ie. „text form“, including by telefax or by e-mail) within a period of three business days following receipt of the Customer’s notice of the defect. We may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.
(2) If the remedy (supplementary performance) pursuant to Section 7 (1) fails or cannot reasonably be expected from the Customer or we refuse to so remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accord¬ance with applicable law; provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section 8 of these General Terms and Conditions.
(3) The warranty period shall be two years upon delivery of the Product if the Customer is a Consumer or otherwise twelve months upon delivery of the product.
(4) With regard to Business Customers only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us (i) in case of any obvious defects within a period of five business days upon delivery or otherwise (ii) within five business days from the day when the defect has been identified.

8. Liability
(1) Our liability for negligence, other than for gross negligence, resulting from late delivery shall be limited to an amount equal to 10% of the aggregate purchase price (including VAT). 
(2) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, considering the type of the relevant order and product and assuming a normal use of the product. Furthermore, our liability shall be excluded for damages resulting out of a loss of data if their recovery is not possible or impeded due to a failure to perform appropriate data back-up procedures. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence. 
(3) The provisions of this Section 8 shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.

9. Data Protection
(1) We may save and process any data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the sales contract and as long as we are required to keep such data in accordance with applicable law. 
(2) We submit your data to the company, which is responsible for the delivery of products. We submit your data for payment purposes to the authorized bank. 
(3) We shall have the right to submit personal data relating to the Customer to credit agencies, to the extent necessary for a credit check subject, however, to the Customer’s consent in each individual case. We shall neither make available any personal data of the Customer to other third parties without the express consent of the Customer, except to the extent that we are required to disclose any data pursuant to applicable law.
(4) We shall not be permitted to collect, submit to any third party or otherwise process personal data of the Customer for any purpose other than those set forth in this Section 9. 

10. Applicable Law and Competent Courts
(1) Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.
(2) If the Customer is a corporation, limited liability company, commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or if the Customer is a legal entity or special fund organized under public law, the courts in Hanau shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.

(3) Should any provision of this General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. In this event, the invalid provision shall be deemed to be replaced by such valid provision, which most approximates the economic purpose of the invalid provision.
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Right of revocation (Instruction)

Download right of revocation (Instruction) >>

When acting as a consumer, you may declare the revocation of your contractual statement in text form (e.g. letter, email, Fax) within a period of 14 days or – when you receive the merchandise before expiry of this period – by returning the merchandise. The revocation does not have to contain any grounds. The revocation period commences the day following the receipt of this revocation instruction in text form but not before the receipt of the merchandise and not before we fulfilled our information duties pursuant to Art. 246 § 2 together with § 1 Abs. 1 and 2 EGBGB as well as our duties pursuant to § 312g Abs. 1 BGB, together with Art. 246 § 3 EGBGB. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment.

The revocation/return shipment is to be addressed to:
RMD the Fulfillment Company
Halle 1/ IRONMAN Merchandise Return
Johann-Dahlem-Strasse 54
63814 Mainaschaff/ Germany 
Fax:     +49 (0) 693006432 70
eMail: euorders@ironmanstore.com

The right of revocation does not apply for distance contracts 

     • for the supply of goods produced according to customer specifications or clearly tailored to personal needs or which, by reason of their quality, are not suitable for return or may spoil quickly or whose expiration date would be exceeded, 
     • or for the delivery of audio or video recordings or of software where the seal on the data carriers has been broken by the consumer, 
     • or for the delivery of newspapers, periodicals and magazines.


Consequences of revocation
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise as well as emoluments to us or can only restitute it in a deteriorated condition, then you have to compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise, as for instance in a retail store. 


Things that can be shipped by parcel are to be returned on our risk. You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of forty Euros or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. Otherwise, the return shipment for you is free of charge. Things that cannot be shipped by parcel shall be picked up at the consumer. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation. This period begins for you with the dispatch of your revocation or the merchandise, for us with their receipt.

End of revocation instruction

Privacy Policy

At IRONMAN.com, we are committed to safeguarding your privacy online. We want to assure our users that IRONMAN.com will not willfully disclose any specific individual information about you to any third party unless you give us your express permission to do so.

WORLD TRIATHLON CORPORATION ONLINE PRIVACY AND COOKIE POLICY

Last Updated: May 31, 2018

We appreciate your interest in our sport events, races and competitions (“Events”), our event website (ironman.com) and our mobile apps and social networking pages, profiles, and feeds that post or display a link to this privacy policy), (collectively, our “Services”). Privacy protection is very important to us and we are committed to protecting and respecting your privacy. This privacy policy sets out information about how we collect, store, process, transfer and use data that identifies you or makes you identifiable as a natural person (hereinafter "personal data").

1. Who is data controller of your personal data?

We, that is World Triathlon Corporation, 3407 W. Dr. Martin Luther King Jr. Blvd Suite 100, 33607 Tampa, Florida (“WTC” or “we”) are the data controller. We are responsible for, and control, the processing of your personal data.

If you wish to contact us, you can find our contact details at the end of this Privacy Policy.

The registration for our Events will, in some cases, be provided by third-party event registration services, such as active.com ("Registration Partners"). Our Registration Partners process the payment for our Events independently, WTC does not have any access to information concerning the payment. For this reason, this Privacy Policy does not apply to the payment processing by our Registration Partners, and we encourage you to check the privacy policies of our Registration Partners to learn about their privacy practices. As far as our Registration Partners collect other personal data necessary for the registration, they act on our behalf and this Privacy Policy applies to these processing activities.

2. What personal data do we collect?

In the context of rendering our Services, we may collect personal data about you. This personal data regularly includes the following:

3. How do we collect your personal data?

Personal data is collected in many ways and may include:


  • Personal data you provide to us: Most of the personal data we receive comes to us voluntarily from our users in the course of using our Services, such as when visiting our website, registering and participating in our Events or communicating with us.
You are free to choose which information you want to provide to us or whether you want to provide us with personal data at all. However, some information, such as information requested in the registration procedure and information collected during the Event may be necessary for the performance of our contractual obligations in the context of your Event participation. Without providing this data, you will not be able to enter into a contract with us, such as registering for our Events.

  • personal data collected via technology: As you use our websites, we may collect information through the use of cookies. Please see Section 9 for more information.

  • personal data we receive from others: We may receive personal data about users from third parties such as our Registration Partners, social media sites, Marketing Partners (as defined below) and law enforcement agencies.

4. Why and on which legal basis do we collect and use your personal data?

The reasons for using your personal data may differ depending on the purpose of the collection. Regularly we use your data for the following purposes and on the following legal grounds:

  • We use your personal data in order to perform our contractual services or for the preparation of entering into a contract with you. If you register for our Events or if you contact us to register for our Events, we use your data to conduct our Events and make your participation in our Events possible. Information we use includes: information we need to contact you or otherwise communicate with you, e.g. to send you administrative information, registration and Event information to process your Event registration and participation; information for payments processing; information to respond to your comments and questions and provide customer service; if you are a registered user, information to manage and create your account.
  • We use your personal data if justified by our legitimate interests. The usage of your personal data may also be necessary for our own business interests. For example, we may use some of your personal data to evaluate and review our Events and overall business performance, create financial statements, understand you and your preferences to enhance and individualize your experience and enjoyment of our Services, improve our Services, and identify potential cyber security threats. If necessary, we may also use your personal data to pursue or defend ourselves against legal claims. We may use your personal data to provide you with individualized marketing. For instance, we deliver targeted advertising messages to you on our websites and elsewhere on the Internet. If you have participated in our Events before, we may use your email address to provide you with information on similar events.
  • We use your personal data after obtaining your consent. In some cases, we may ask you to grant us separate consent to use your personal data. You are free to deny your consent and the denial will have no negative consequences for you. You are free to withdraw your consent at any time with effect for the future. If you have granted us consent to use your personal data, we will use it only for the purposes specified in the consent form.
This also includes our marketing campaigns. If you sign up to our email newsletter or when providing us with your email address allow us to use this email address for email marketing, we will use your personal data in our email marketing campaigns. You may unsubscribe from our email newsletter at any time [unsubscribe from this list]. You may also contact us via email, phone or mail at the addresses provided at the end of this document to request that we remove you from our email list. 
  • We use your personal data to comply with legal obligations. We are obligated to retain certain data because of legal requirements, for example, tax or commercial laws or we may be required by law enforcement to provide personal data on request.
We will only use your personal data for the purposes for which we have collected them. We will not use your personal data for other purposes. We do not use your personal data for automated individual decision-making.

5. With whom do we share your personal data?
As required in accordance with how we use it, we will share your personal data with the following third parties:

  • Service providers and advisorsThird party vendors and other service providers that perform services for us and on our behalf, which may include marketing campaign services, providing mailing or email services, tax and accounting services, services related to the registration and organization of our Events, payment processing, data enhancement services, fraud prevention, web hosting, or providing analytic services. These third parties include: Gulfspring Timing, Mika-Timing, Google Analytics. Any such service providers will by appropriate data processing agreements be bound to only process the data on our behalf and under our instructions.
  • Marketing Partners. Provided you have granted your consent, we may disclose your personal data to our third-party sponsors and marketing partners (collectively, "Marketing Partners") to allow them to market their products or services to you, and measure the effectiveness of their marketing campaigns, promotions, endorsements and sponsorships or for other marketing purposes.
  • Event Photographers. If you participate in our Events and have given us consent to do so, we will disclose your bib number, name, email address and phone number to the Event photographer, who may contact you with photos from the attended Event.
  • Purchasers and third parties in connection with a business transaction: Personal data may be disclosed to third parties in connection with a transaction, such as a merger, sale of our assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business, or in the event of a bankruptcy or similar proceedings.
  • Law enforcement, regulators and other parties for legal reasons: Third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our legal claims or to protect the security or integrity of our Services; and/or (c) to exercise or protect the rights, property, or personal safety of WTC, our athletes, visitors, or others.
  • The public: The official rankings and information justifying the ranking will be disclosed to visitors of our event and on our website.

 6. How long do we keep your data?

We will store personal data for as long as necessary to fulfil the purposes for which we collect the data, in accordance with our legal obligations and legitimate business interests. Afterwards, or at the end of the statutory retention times, the personal information will be deleted. For example, national commercial or financial codes may require to retain certain information for up to 10 years.

7. How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal data when you use our Service. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose personal data may have been compromised and take other steps, in accordance with any applicable laws and regulations.

8. How do we safeguard your personal data when there is an international transfer?

In certain cases, we transfer personal data to countries outside the European Union or the European Economic Area. For example, where we disclose personal data to our affiliate World Triathlon Corporation, personal data will be transferred and processed in the USA. This may mean that your personal data will be stored in a jurisdiction that offers a level of protection that may, in certain instances, be less protective of your personal data than the jurisdiction you are typically a resident in.

For this reason, we have entered into guarantees to ensure appropriate safeguards. If we transfer information from the European Union to third parties outside the European Union and to countries not subject to schemes which are considered as providing an adequate data protection standard, we will enter into contracts which are based on the EU Standard Contractual Clauses with these parties.

If you wish to inquire further about the safeguards we use, please contact us using the details set out at the end of this Privacy Policy.

We will take reasonable steps to ensure that your personal data is treated securely and in accordance with applicable law and this Privacy Policy.

9. Cookies and Similar Technologies

The Services uses cookies, flash objects, web beacons, file information and similar technologies to distinguish you from other users of the Services. This helps us to provide you with a good experience when you browse the Services and also allows us to improve the Services.

Cookies are pieces of code that allow for personalization of the Services experience by saving your data such as user ID and other preferences. A cookie is a small data file that we transfer to your device's hard disk (such as your computer or smartphone) for record-keeping purposes. 

We use the following types of cookies:

  • Strictly necessary cookies. These are cookies that are required for the essential operation of the Services such as to authenticate users and prevent fraudulent use.
  • Analytical/performance cookies. These allow us to recognize and count the number of visitors and to see how visitors move around the Services when they are using it. This helps us to improve the way the Services works, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality cookies. These are used to recognize you when you return to the Services. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  • Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it, and the marketing messages we send to you more relevant to your interests. We may also share this data with third parties who provide a service to us for this purpose.
  • Third party cookies. Please be aware that advertisers and other third parties may use their own cookies tags when you click on an advertisement or link on our website. These third parties are responsible for setting out their own cookie and privacy policies.
How to manage cookies? The cookies we use are designed to help you get the most from the Services but if you do not wish to receive cookies, most browsers allow you to change your cookie settings. Please note that if you choose to refuse cookies you may not be able to use the full functionality of the Services. These settings will typically be found in the "options" or "preferences" menu of your browser. In order to understand these settings, the following links may be helpful, otherwise you should use the "Help" option in your browser for more details.
We also use clear gifs in HTML-based emails sent to our Customers to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of our Service. You can set your e-mail options to prevent the automatic downloading of images that may contain these technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it.
If you would like to find out more about cookies and other similar technologies, please visit www.allaboutcookies.org or the Network Advertising Initiative's online sources at www.networkadvertising.org.

10. What rights and choices do you have?
We want you to understand your rights and choices regarding how we may use your personal data. Depending on how you use your data, these rights and choices may include the following:


  • Individual Rights. You have specific rights under applicable privacy law in respect to your personal data that we hold, including a right of access and erasure and a right to prevent certain processing activities.
If you are a resident in the European Union, you have the following rights in respect to your personal data that we hold:

  • Right of access. The right to obtain access to your personal data.

  • Right to rectification. The right to obtain rectification of your personal data without undue delay where that personal data is inaccurate or incomplete.

  • Right to erasure. The right to obtain the erasure of your personal data without undue delay in certain circumstances, such as where the personal data is no longer necessary in relation to the purposes for which it was collected or processed.

  • Right to restriction. The right to obtain restriction of the processing undertaken by us on your personal data in certain circumstances, such as, where the accuracy of the personal data is contested by you, for a period of time enabling us to verify the accuracy of that personal data.

  • Right to portability. The right to portability allows you to move, copy or transfer personal data easily from one organization to another.

  • Right to object. You have a right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. You can object to marketing activities for any reason whatsoever.
If you wish to exercise one of these rights, please contact us using the contact details below. For cookies or e-mail marketing, we provide the following easily usable option:
  • Cookies Settings and Preferences. You may disable cookies and other tracking technologies through the settings in your browser.
  • E-Mail Settings and Preferences. If you no longer want to receive marketing e-mails from us, you may choose to unsubscribe at any time [unsubscribe from this list].
In addition to the foregoing listed rights, as an EU resident, you also have the right to lodge a complaint with your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

11. How to contact us?

If you have any questions or concerns about our Privacy Policy or if you want to exercise your rights, please send an email to legal@ironman.com

12. Data Protection Officer

For all enquiries regarding WTC’s activities you may also want to contact our Data Protection Officer who can be reached at: datenschutz@ironman.com.

13. Online Privacy Policy Updates

We may make changes to our privacy policy from time to time. Please review our policies regularly as updated policies will apply to your future use of our Services.

WTC welcomes your comments or questions regarding this Policy. Please contact us at:

World Triathlon Corporation
c/o IRONMAN

3407 West Dr. Martin Luther King Jr. Blvd

Suite 100

Tampa, Florida 33607

(813) 868-5940
PrivacyPolicy@ironman.com



Originally from: http://www.ironman.com/triathlon/privacy-policy.aspx#ixzz5LBwLqF00