General terms and conditions

Table of contents

  1. Scope of application
  2. Offers and service descriptions
  3. Restriction to consumers and to quantities customary in households
  4. Ordering process and conclusion of contract
  5. Prices and shipping costs
  6. Delivery, availability of goods
  7. Payment modalities
  8. Retention of title
  9. Warranty and guarantee
  10. Liability
  11. Storage of the contract text
  12. Final provisions

1. scope of application and general rules as well as notes

  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 shall apply exclusively in the version valid at the time of the order.
  2. A consumer in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to 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 on shipping costs, delivery and delivery restrictions and the available payment methods: Shipping costs, payment and delivery.

2. offers and service descriptions

  1. The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs 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 noted with the products. In all other respects errors are reserved.

3. restriction to consumers and to household quantities

  1. The online store is aimed exclusively at consumers who wish to cover their personal needs for the articles offered.
  2. The effectiveness of contracts for larger than normal household quantities and the commercial resale of the purchased item requires the express confirmation of the seller.
  3. If a customer places an order for a quantity larger than a household quantity, the seller is entitled to limit the delivery quantity to household quantities. However, in this case, the customer has the right to withdraw from the contract completely.
  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 assortment of the seller without obligation and collect them in a so-called shopping cart by clicking the button "add to shopping cart". Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then proceed to complete the order process within the shopping cart by clicking the "Checkout" button.
  2. By clicking the "Buy" button, the customer makes a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and go back to the shopping cart using the browser function "back" or cancel the ordering process altogether. In the case of purchase via Paypal, the Customer can cancel the payment process by clicking on the "Cancel and return to Fitmart" button in order 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 using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The purchase contract is not concluded until the seller has shipped or handed over the ordered product to the customer within four days or has confirmed the shipment to the customer within four days with a second e-mail, explicit order confirmation or sending of the invoice.
  4. If the seller offers an online payment option (e.g. Paypal) and the customer takes advantage of this, 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 purchase on account as a payment option. When buying on account with Klarna you always get the goods first and you always have a payment period of 14 days. The payment is made directly to Klarna AB (publ) (www.klarna.de). You will receive all payment details directly from Klarna by e-mail. Please note that purchase on account is only available for consumers in Germany. The full terms and conditions for purchase on account for deliveries to Germany can be found here.
  6. If the seller allows payment in advance, the contract is concluded with the provision of bank details and request for payment. If the payment is not received by the seller within 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the consequence that the order is invalid and the seller has no obligation to deliver. The order is then completed for the customer and the seller without any further consequences. 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 stated prices, the seller charges shipping costs for 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 communicated 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 its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
  3. If the delivery of the goods fails through the fault of the customer despite three attempts at delivery, the seller may withdraw from the contract. Any payments made will be refunded to the customer without delay.
  4. Customers will be informed about any 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 payment in advance has been agreed, delivery will be made after receipt of the invoice amount.

7. payment modalities

  1. The customer can choose from the available payment methods within the framework and before completion of the order process. Customers will be informed about the available payment methods on a separate information page.
  2. If payment by invoice is possible, payment must be made within 14 days after receipt of the goods and the invoice. For all other methods of payment, 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 must pay the statutory interest on arrears.
  5. The customer's obligation to pay default interest shall not preclude the seller from asserting further claims for damages caused by default.
  6. The customer shall only have a right of set-off if his counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

8. retention of title

  1. Until full payment, the delivered goods remain the property of the seller.

9 Warranty for material defects and guarantee

  1. The warranty is determined by statutory provisions.
  2. A guarantee exists for the goods delivered by the seller only if it has been expressly given. Customers will be informed about the warranty conditions before initiating the ordering process.

10 Liability

  1. The following exclusions and limitations of liability apply to the Seller's liability for damages, without prejudice to the other legal requirements for claims.
  2. The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
  3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with 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 obligations other than those specified in the above sentences.
  4. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain 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 no later than upon delivery of the goods, customers who are consumers will also receive a copy of the terms and conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If customers have created a customer account, they can view their orders in your profile area. In addition, the seller stores the contract text, but does not make it available on the Internet.

12. final provisions

  1. The contract language is German and English.
  2. Platform of the European Commission for online dispute resolution (OS) for consumers: https://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.