General terms and conditions

Table of contents

  1. Scope
  2. Offers and service descriptions
  3. Limitation to Consumers and normal household quantities
  4. Order process and conclusion of contract
  5. Prices and shipping costs
  6. Delivery, availability of goods
  7. Terms of payment
  8. Retention of title
  9. Warranty for material defects and guarantee
  10. Liability
  11. Storage of the contract text
  12. Final provisions

1. Scope and general rules and information

  1. For the business relationship between Fitmart GmbH & Co. KG, Werner-von-Siemens-Straße 8, 25337 Elmshorn, Germany (hereinafter referred to as "Seller") and the Customer, buyer or purchaser (hereinafter collectively referred to as "Customer"), the following General Terms and Conditions (GTC) shall apply exclusively in the version valid at the time of the order.
  2. Consumer in the sense of these GTC is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
  3. Deviating conditions of the Customer are not recognized, unless the Seller expressly agrees to their validity.
  4. Information page with information about shipping costs, delivery and delivery restrictions as well as the available payment methods: Shipping Policy

2. Offers and service descriptions

  1. The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues as well as on the websites of the Seller do not have the character of an assurance or guarantee.
  2. All offers are valid "while stocks last", unless otherwise stated with the products. For the rest, errors remain reserved.

3. Limitation to Consumers and normal household quantities

  1. The online shop is addressed exclusively to consumers who want to cover their personal needs for the offered products.
  2. The validity of contracts for larger than household quantities as well as the commercial resale of the purchased item requires the express confirmation of the Seller.
  3. If a customer places an order for a quantity greater than the usual household quantity, the Seller is entitled to limit the delivery quantity to household quantities. In this case, however, the customer has the right to withdraw completely from the contract.
  4. If a customer places an order for commercial resale, the Seller is entitled to cancel the order completely.

4. Order process and conclusion of contract

  1. The Customer can select products from the Seller's range without obligation and collect them in a so-called shopping cart by clicking the button “Add to cart”. Within the shopping
  2. By clicking on the button “Buy” the Customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the Customer can change and view the data at any time and return to the shopping cart using the browser function "back" or cancel the order process altogether. In the case of purchases via Paypal, the customer can cancel the payment process by clicking the "Cancel and return to Fitmart" button to return to the shopping cart and change the goods there. Necessary information is marked with an asterisk (*).
  3. The Seller then sends the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out by using the "Print" function (order confirmation). The automatic acknowledgement of receipt merely documents that the vendor has received the Customer's order and does not constitute acceptance of the request. The sales contract is only concluded when the Seller has sent the ordered product to the Customer within four days, handed it over or confirmed the dispatch to the Customer within four days with a second e-mail, explicit order confirmation or sending the invoice.
  4. If the Seller offers an online payment option (e. g. Paypal) and the customer makes use of it, the contract is concluded with the provision of the online payment option and payment request to the Customer.
  5. Information on purchase on account via Klarna: In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you "invoice" as a payment option. When purchasing with an account with Klarna you will always get the goods first and you always have a payment period of 14 days. The payment will be made directly to Klarna (publ) (www.klarna.de). Please contact Klarna by E-Mail with all payment details. Please note that the purchase on account is for consumers only available in Germany. The full terms and conditions for purchase on account for deliveries to Germany you will find here.
  6. If the Seller allows advance payment, the contract is concluded with the provision of the bank data and payment request. If the payment is not received by the Seller within 10 calendar days after sending the order confirmation despite the due date, even after a new request, the Seller shall withdraw from the contract with the consequence that the order is null and void and the Seller has no obligation to deliver. The order is then completed without further consequences for the Customer and the Seller. A reservation of the article in the case of advance payment is therefore made for a maximum of 10 calendar days.

5. Prices and shipping costs

  1. All prices stated on the Seller's website are inclusive of the applicable statutory value added tax.
  2. In addition to the indicated prices, the Seller charges shipping costs for the delivery. The shipping costs are clearly communicated to the Customer on a separate information page and during the ordering process.

6. Delivery, availability of goods

  1. The products will be delivered within the delivery time stated with the products or otherwise in the Customer information.
  2. If the ordered product is not available because the Seller is not supplied with this product by his supplier through no fault of his own, the Seller can withdraw from the contract. In this case, the Seller will inform the Customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if the Customer does not wish to receive a comparable product, the Seller will immediately reimburse the Customer for any payments already made.
  3. Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Seller can withdraw from the contract. Any payments made will be refunded to the Customer immediately.
  4. Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
  5. If advance payment has been agreed upon, the delivery will be made after receipt of the invoice amount.

7. Terms of payment

  1. The Customer can choose from the available payment methods during and before completion of the order process. Customers are informed about the available means of payment on a separate information page.
  2. If payment by invoice is possible, payment must be made within 14 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
  3. If third party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions apply.
  4. If the due date of payment is determined by the calendar, the Customer is already in default by missing the deadline. In this case, the Customer shall pay the statutory default interest.
  5. The Customer's obligation to pay interest on arrears does not exclude the Seller from asserting further damages caused by delay.
  6. The Customer is only entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the Seller. The Customer can only exercise a right of retention if the claims result from the same contractual relationship.

8. Retention of title

  1. The delivered goods remain the property of the Seller until full payment has been made.

9. Warranty for material defects and guarantee

  1. The warranty is subject to legal regulations.
  2. A guarantee only exists for the goods delivered by the Seller if it has been expressly given. Customers will be informed of the guarantee conditions before the order process is initiated.

10. Liability

  1. The following exclusions and limitations of liability shall apply to any liability of the Seller for damages, notwithstanding any other legal requirements for claims.
  2. The Seller is liable without limitation if the cause of damage is based on intent or gross negligence.
  3. Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of duties other than those mentioned in the preceding sentences.
  4. The above limitations of liability shall not apply in the event of injury to life, body or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
  5. As far as the liability of the Seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

11. Storage of the contract text

  1. The Customer can print out the text of the contract before submitting the order to the Seller by using the print function of his browser in the last step of the order.
  2. The Seller also sends the Customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but at the latest with the delivery of the goods, Customers who are consumers receive a copy of the general terms and conditions together with the cancellation instruction and the information about shipping costs as well as delivery and payment conditions. If Customers have created a Customer account, they can view the orders they have placed in their profile area. In addition, the Seller saves the text of the contract, but does not make it accessible on the Internet.

12 Final provisions

  1. Contract language is German and English.
  2. European Commission's Online Dispute Resolution (OS) Platform for consumers: https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration body.