Terms of Sale

Germany

TERMS OF SALE

Please read the following terms and conditions of sale (“Terms of Sale”) carefully before purchasing products or membership (each as defined below) offered by WHOOP Inc. (“us”, “we”, “our” or “WHOOP”). These Terms of Sale, together with our Terms of Use, where applicable, set out the legally binding terms and conditions for your purchase and use of the WHOOP Products, which include, but are not limited to, the WHOOP Strap (as defined below), memberships and any other peripherals, accessories, clothing or products manufactured by a WHOOP Authorized Partner (as defined below) and that you purchase from our online store (the “Store”) (collectively, the “Products” or the “WHOOP Products”). These Terms of Sale contain important information about the Products you purchase and any fees and amounts we charge you.

By ordering a Product, you confirm that you have read, understood and agree to these Terms of Sale. If your order includes a Membership, our Terms of Use are hereby incorporated by reference into these Terms of Sale. If you do not accept these Terms of Sale, you are not entitled to purchase Products from the Store.

We reserve the right to change these Terms of Sale at any time. Therefore, you should check the Terms of Sale every time before making a purchase in the Store. Each time you order Products, the conditions of sale in force at that time apply. If you have any questions about these Terms of Sale, you can contact WHOOP at the following email address: support@whoop.com. In these Terms of Sale, all words following the term “including” or a similar expression are to be understood for illustration and do not limit the meaning of the words, descriptions, definitions, phrases or terms that precede those terms.

Although all of these Terms of Sale are important, you should pay special attention to: (a) Payment Obligations (Section 5) and (b) Disclaimers (Section 10).

1. INTRODUCTION

Some of our products, such as the WHOOP Strap (the “WHOOP Strap”), are included in the subscription services offered by WHOOP (the “Membership”) that allow the user to track, manage and share the wellness-related data collected by the WHOOP Strap. In order to use a Membership, a user must create an account (“Account”) as described in our Terms of Use. If you are a user of a Product that requires acceptance of the Terms of Use in order to use the Product, please be sure to read our Terms of Use to learn the specific terms and conditions for your membership and related services. If you purchase a gift that requires acceptance of the Terms of Use in order to use a Product, the recipient of the gift must read and agree to our Terms of Use before using the Product or applicable membership and related services.

Although the Store is accessible worldwide, the Products offered in the Store are not designed and tested for use in all countries. WHOOP has designed the use of the Products and related services for the countries to which WHOOP also ships Product. If you have any questions regarding the use of our Products and services in individual countries, please contact support@whoop.com. 

2. WHOOP AUTHORIZED PARTNERS

WHOOP occasionally works with certain brands (collectively, “WHOOP Authorized Partners”) to provide the ability to integrate certain WHOOP Products with certain other products offered by the WHOOP Authorized Partners. The WHOOP Authorized Partners and all products associated with them are indicated in the Store.

3. AVAILABILITY

All products offered in the Store are available subject to availability. We reserve the right to set quantity limits for each order, refuse an order in whole or in part, and discontinue the offer of certain Products without prior notice.

We make no representations or warranties as to the completeness, accuracy, reliability, validity or timeliness of listings, descriptions or images (including, without limitation, any features and specifications such as weights and sizes) for Products available through the Store. Such information and the availability of Products are subject to change at any time without notice. We make reasonable efforts to accurately represent the characteristics of the Products, including the corresponding colors. However, the actual colors you see depend on your computer system, and we cannot guarantee that your computer will display these colors correctly. Warranty rights for defects remain unaffected.

4. PRICING

Prices are quoted in the currency applicable to the location you have chosen. Your total price for the Products includes the price of the Products in your order plus applicable VAT and shipping costs, minus any discounts offered. We reserve the right to change prices at any time. However, changes will not affect orders for Products that you have already placed before the price change. We do not offer any price guarantee or refund in case of a price reduction or promotional offer. In the event that a Product is listed at an incorrect price due to a typo or similar error, we reserve the right to refuse or cancel orders for the Product listed at the wrong price. We reserve the right to refuse or cancel such orders, whether or not the order has been confirmed and your credit or debit card has been charged. If your credit or debit card has already been charged for purchase and your order is cancelled, we will immediately credit your credit or debit card account in the amount of the incorrectly paid price.

5. PAYMENT

Terms. Any payment terms displayed to you when you purchase your Products shall be deemed to be part of and incorporated into these Terms of Sale by reference. For all orders, WHOOP calculates and collects VAT in accordance with applicable laws. By providing a credit card or other payment method accepted by WHOOP, you represent and warrant that you are authorized to use the specified payment method and that you authorize us (or our Payment Processor (as defined below)) to charge your payment method for the total amount of your order (including any applicable taxes and other fees). If the payment method you provide cannot be verified, is invalid or is otherwise not accepted, your order may be suspended or cancelled. You must resolve any payment problem we encounter in order to proceed with your order. If you wish to change or update the payment information associated with your account, you can do so at any time by logging into your account under https://app.whoop.com and editing your payment information.

Billing. We may collect payments for the Products directly from you or we may engage a third party payment processor (“Payment Processor”) to bill through a payment account selected by you at checkout or linked to your Account. In addition to these Terms of Sale, the processing of payments by a Payment Processor is subject to the terms and conditions and privacy policy of the respective Payment Processor. We are not responsible for any errors made by a Payment Processor. By choosing to purchase a Product, you agree to pay us, either directly or through a Payment Processor, all amounts for the relevant order in accordance with the applicable payment terms, and you authorize us, either directly or through a Payment Processor, to charge your chosen payment provider (your “Payment Method”). We reserve the right to correct any errors or mistakes made by us or any Payment Processor, even if we or a Payment Processor have already requested or received a payment.

Payment Method. The terms of your payment depend on your Payment Method and may be determined by agreements between you and the financial institution, the credit card issuer or another provider of the payment method you choose. In the event that we do not receive payment from you through a Payment Processor, you agree to settle all amounts due for your order and/or for your account upon request.

6. RESALE AND TITLE TRANSFER

The purchases made in the Store are intended only for end consumers and not for resale. We reserve the right to refuse or cancel your order if we suspect that you are purchasing products for resale.

7. SHIPPING AND DELIVERY

Our delivery costs and methods are as described on the Store’s website. The estimated arrival or delivery date is not a guaranteed delivery date for your order and you agree that we will not be liable for late deliveries. Undeliverable deliveries will be returned to our warehouse. It may take up to 45 days for the items returned in this way to be recognized as rejected and processed for a refund.

8. RIGHT OF WITHDRAWAL AND VOLUNTARY WITHDRAWAL

Withdrawal. You have the right to cancel the contract for a Product purchase without giving reasons within fourteen (14) days. Personalized Products are excluded from the right of withdrawal. The revocation period is fourteen (14) days starting from the day on which you or a third party named by you, who is not the carrier, has taken possession of the Product. In the case of digital content that is not delivered on a digital data carrier, the revocation period begins on the day of conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us of your decision to revoke this contract by means of a clear declaration (e.g., letter or e-mail). The revocation can be made via:

• E-mail at legalnotices@whoop.com
• Phone at +1 (617) 670-1074
• Mail to WHOOP, Inc. One Kenmore Square #601 Boston, MA 02215, USA, Attn: Legal Department.

To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of Revocation. If you withdraw from the contract, we will refund all payments we have received from you, including delivery costs. The delivery costs will only be reimbursed in the amount of the cheapest standard delivery offered by us. You bear the cost of returning the products to us. The refund will be made immediately, but no later than fourteen (14) days after we have received the notification of your revocation. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else has been expressly agreed with you. We will not charge you any fee for the repayment.

You must return or hand over the Product to us immediately and in any case at the latest within fourteen (14) days starting from the day on which you inform us of the revocation of this contract. The deadline is met if you send the Product before the expiry of the period of fourteen days. You bear the direct costs of returning the Product.

We have the right to refuse reimbursement until we have received the Product back or until you have provided proof that you have returned the Product, whichever is the earlier.

You only have to pay for any loss of value of the Product if the loss of value is due to handling of the Product on your part that was not necessary to check the nature, properties and functioning of the Product.

Voluntary Withdrawal. In addition to your right of withdrawal, we may take back Product in accordance with the following conditions:

• Our Return Policy for WHOOP Straps. Because the WHOOP Straps are directly linked to a Membership, the return policy for WHOOP Straps and battery packs originally supplied with the corresponding WHOOP Straps is governed by our Terms of Use.
• Our Return Policy for Other Products. WHOOP will take back all unworn garments and accessories within thirty (30) days of delivery, unless they are marked as excluded from exchange (e.g., boxer shorts, WHOOP Your Way). This right of return does not apply to garments and accessories that have been worn or used or whose condition has deteriorated after receipt of the Product.

Return Policy. You can request the return via support.whoop.com. In the case of return, you will receive the purchase price paid back. Delivery costs will not be refunded. The costs for the return shipment are borne by you as the customer. However, if you have purchased the Product as part of your WHOOP Pro membership, WHOOP will bear the costs of the return. If you have exercised your right of return, you are obliged to return the Product to us within fourteen (14) days of requesting the return. We have the right to withhold reimbursement until we have received the Product back or until you have provided proof that you have returned the Product, whichever is the earlier.

9. COMPATIBILITY

The Products sold through the Store and by WHOOP Authorized Partners are the only items that are compatible with each other, including but not limited to the WHOOP Strap. You acknowledge that a lack of compatibility with other products does not constitute a defect giving rise to a claim under our limited warranties described below or under our Terms of Use. In addition, you are solely responsible for any damage caused to your Product and other peripherals, accessories or garments used in connection with the Product as a result of the use of products or services that are not compatible with the Product.

10. WARRANTIES AND DISCLAIMERS

WITH THE EXCEPTION OF THE LIMITED WARRANTIES LISTED BELOW AND CASES OF PRODUCT LIABILITY, WE SHALL ONLY BE LIABLE FOR THE STORE AND ALL PRODUCTS, SERVICES AND CONTENT AVAILABLE IN THE STORE FOR INTENT AND GROSS NEGLIGENCE. OUR LIABILITY FOR DAMAGE TO LIFE OR LIMB REMAINS UNAFFECTED.

Limited Warranty: WHOOP Strap. The limited warranty for WHOOP Straps and battery packs originally supplied with the corresponding WHOOP Straps can be found in our Terms of Use.

11. PRIVACY AND EMAIL ADVERTISING

Information on how WHOOP processes your data can be found in our Privacy Policy (www.whoop.com/privacy).

When you order via the Store, we collect and store your e-mail address. From that point on, we will use your email address to send you information about our Products and services, unless you opt out of such emails.

12. NOTIFICATIONS

WHOOP may, in its sole discretion, send you communications required by law or for marketing or other purposes by email to the primary email address associated with your Account, in paper form, or by posting such notice on the WHOOP Website, unless a specific form (e.g., in writing) is provided for by law. WHOOP is not responsible for automatically filtering email notifications that you or your carrier may use. WHOOP recommends that you add @whoop.com URLs to your email address book to ensure you receive email notifications from WHOOP. For e-mail notifications, the date the message is sent is considered the date of delivery.

13. ASSIGNMENT

These Terms of Sale and all rights and licenses granted herein may not be transferred or assigned by you, but may be assigned by us without restriction, provided that such assignment does not affect your rights under these Terms of Sale. These Terms of Sale benefit our successors and permitted assigns.

14. SEVERABILITY

Should any provision of these Terms of Sale be held invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Sale, which shall remain in full force and effect. It corresponds to the express intention of the parties that this provision is not to be interpreted as a mere reversal of the burden of proof, but as a contractual waiver of § 139 BGB in its entirety.

15. EXPORT CONTROLS

You will not export or re-export the Products or services or related technical information, directly or indirectly, to any destination or to any person prohibited or restricted by applicable law, including but not limited to U.S. export control laws and regulations.

16. GOVERNING LAW AND JURISDICTION

These Terms of Sale and any dispute arising out of or in connection with them (including non-contractual disputes) shall be governed by German law.

You can take legal action in relation to the Products or these Terms of Sale in German courts. If you live outside of Germany, you can also take legal action in relation to the Products or these Terms of Sale in the EU Member State where you reside. This does not preclude the possibility of taking legal action in other countries.

17. CONTACT

If you have any questions about the Products or these Terms of Sale, please email support@whoop.com or call +1 (617) 670-1074. Our mailing address is WHOOP, Inc. One Kenmore Square #601 Boston, MA 02215, Attn: Legal Department.

18. ADDITIONAL TERMS

Additional terms may apply to certain products. In the event of a conflict between these Terms of Sale and the additional terms, the additional terms shall prevail.