General terms and conditions
Table of Contents
- Order Process
- Storage of Contract Text
- Right of Withdrawal
- Exclusion or Early Expiry of the Right of Withdrawal
- Notice: Return of Products
- Prices and Shipping Costs
- Payment Conditions
- Promotional Vouchers and Their Redemption
- Value Vouchers, Product Vouchers, and Their Redemption
- Delivery and Shipping Conditions – Information on Calculating the Delivery Date
- Retention of Title
- Warranty/Defect Liability
- Customer Account
- Data Storage and Data Protection
- Alternative Dispute Resolution
- Final Provisions
- The following contract terms (AGB) apply to all contracts concluded with customers (hereinafter: CUSTOMER) through the online shop of Fitmart GmbH Co. KG, Werner-von-Siemens-Straße 8, 25337 Elmshorn, Germany (hereinafter: SELLER) under the domain www.esn.com.
- The presentation of products in the SELLER's online shop is only an invitation for the CUSTOMER to place an order. The CUSTOMER makes a binding offer to conclude a contract for the items in the shopping cart by placing an order. The SELLER will immediately confirm the receipt of the order by automated email. The automated order confirmation by the shop system does not constitute a contractual relationship. A contract is only concluded when the SELLER accepts the CUSTOMER's offer by delivering the ordered items to the CUSTOMER. The purchase contract is concluded only with Fitmart GmbH & Co. KG, Werner-von-Siemens-Straße 8, 25337 Elmshorn, Germany.
- Only private individuals are considered as CUSTOMERS.
The SELLER reserves the right to update these terms as needed. Changes will be communicated to the CUSTOMER in a timely manner and will only become effective with the consent of the CUSTOMER.
3. Order Process
- The CUSTOMER can add the desired items to the shopping cart by clicking the corresponding button and initiate the order process by clicking on the shopping cart. Within the order process, the CUSTOMER must enter the necessary contact details for shipping and payment. There is also the option to create a customer account and save the entered order data for future orders. The order is completed by clicking the "Buy" button.
- If an external payment provider is selected for payment, the CUSTOMER will be redirected to and complete the purchase on their website.
- Orders exceeding quantities typical for private consumption may be rejected or canceled. The CUSTOMER will be notified of this.
- Input errors, especially items mistakenly added to the shopping cart, can be corrected by the CUSTOMER by entering the desired quantity in the shopping cart and using the available buttons. In the order process, the CUSTOMER can correct input errors in the various steps by navigating to the respective step using the browser's "back" and "forward" buttons.
- By completing the order, the CUSTOMER acknowledges the terms and conditions, data protection provisions, and the withdrawal policy.
- The contract language is German.
4. Storage of Contract Text
The SELLER stores the contract text. The order data will be sent to the CUSTOMER separately in text form (email). The terms and conditions can also be accessed and printed in the online shop at https://www.esn.com/policies/terms-of-service/.
5. Right of Withdrawal
If the CUSTOMER is a consumer (i.e., a natural person who places the order for a purpose that cannot be attributed to their commercial or independent professional activity), the CUSTOMER is entitled to a right of withdrawal in accordance with legal regulations.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, take(s) possession of the goods.
To exercise your right of withdrawal, you must inform us (Fitmart GmbH & Co. KG, Werner-von-Siemens-Straße 8, 25337 Elmshorn, Germany, Email: email@example.com) by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory. You can electronically fill out and submit the model withdrawal form or another clear statement on our website https://cdn.shopify.com/s/files/1/0265/3034/9153/files/Muster-Widerrufsformular--ESN_2d5b7821-8c35-408d-835e-3c501ebb4997.pdf?v=1687418821 . If you make use of this option, we will promptly send you a confirmation of the receipt of such withdrawal (e.g., by email).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse you for all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us (see Note: Return of Products). The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Model Withdrawal Form
(If you want to withdraw from the contract, please fill out this form and send it back.)
Fitmart GmbH & Co. KG
Tel.: +49 (0) 4121 830 3100
Herewith I/we (*) withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
Ordered on (*)/ received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if communicated on paper)
(*) Delete as applicable
6. Exclusion or Premature Expiry of the Right of Withdrawal
The right of withdrawal does not apply to distance contracts:
- for the supply of goods that can spoil quickly or whose expiry date would be quickly exceeded;
- for the supply of sealed goods that are not suitable for return for reasons of health or hygiene if their sealing has been removed after delivery;
- for the supply of goods that, after delivery, have been inseparably mixed with other goods due to their nature.
- If prepayment is agreed, delivery will be made after receipt of the invoice amount.
7. Note: Return of Products
The goods should preferably be returned in the original packaging with all accessories and packaging components to ESN – Logistics Center, Kirchenweg 7, 24568 Nützen. The SELLER requests the use of protective packaging to ensure sufficient protection against possible transport damage if the original packaging is no longer available. Damage and contamination to the item to be returned should be avoided. CUSTOMERS are asked to return physical products as a prepaid package to the seller and keep the deposit receipt. The costs of returning the goods are to be borne by the CUSTOMER. The SELLER points out that the right of withdrawal and its consequences naturally exist independently of compliance with this notice; it is only intended to facilitate the processing of returns.
8. Prices and Shipping Costs
- The prices valid on the day of the order as displayed in the online shop apply.
- The prices displayed in the online shop are in Euro and include the statutory value-added tax.
- When purchasing goods that are delivered by mail or in any other way, the following applies: The prices displayed in the online shop do not include the shipping costs for packaging and postage. The shipping costs are calculated dynamically within the order process and displayed in the shopping cart overview before ordering.
- Information on the delivery countries and shipping costs can be found here: https://service.esn.com/hc/de/sections/15501532699409-Versand-und-Lieferung
9. Payment Conditions
- The SELLER only accepts the payment methods offered during the ordering process in the online shop. These are:
- Credit card: Visa, Mastercard, American Express
- Klarna Invoice
- Klarna Instant
- Bancontact (Belgium)
- eps transfer (Austria only)
- iDEAL (Netherlands only)
- Apple Pay
- Google Pay
- The CUSTOMER selects the preferred payment method from the available payment methods.
- Paypal: If payment is made via PayPal, the CUSTOMER must have a PayPal account and authenticate with their PayPal credentials. Then the CUSTOMER must go through the PayPal payment process and confirm the payment to the SELLER. Payment via PayPal can also be made without a PayPal account. The terms available through the payment method apply to the guest function of PayPal. If the CUSTOMER chooses payment by credit card in PayPal, they may be asked, depending on the amount of the payment or the type of delivery, for a required second authentication feature by displaying the website of the credit institution. The CUSTOMER must then verify the payment process with their personal second authentication feature such as password, PIN, TAN, or biometric data such as fingerprint or face scan using a special app.
- Credit Card: If delivery is made with payment by credit card, the CUSTOMER authorizes the complete invoice amount, including any delivery and shipping costs, to be charged to the relevant credit card company upon maturity. At the end of the ordering process, the CUSTOMER is prompted to enter their credit card number, the expiration date of the credit card, and the verification code into the corresponding form. Depending on the amount of the payment or the type of delivery, the customer may be asked for a necessary second authentication feature by displaying the website of the credit institution. The CUSTOMER must then verify the payment process with their personal second authentication feature, such as a password, PIN, TAN, or biometric data such as fingerprint or facial scan, using a special app. The specific type of identification used depends on the respective payment service provider (e.g., the CUSTOMER's credit card institution). The charge is initiated in this case with the order confirmation.
- Sofortüberweisung (Klarna Sofort): If payment is made by Sofortüberweisung (Klarna Sofort) of Klarna Group, the CUSTOMER must have an activated online banking account with PIN/TAN procedure. At the end of the ordering process, the CUSTOMER is prompted to enter their account number, bank code, PIN, and TAN into the form pre-filled by the SELLER (bank details, transfer amount, purpose). Immediately thereafter, the transaction is confirmed to the CUSTOMER.
- Bancontact: If delivery is made with payment by Bancontact, the CUSTOMER either enters their card information or pays with the Bancontact app. If the CUSTOMER enters the card number of their Bancontact card, they will be directed to the familiar online banking environment of their bank. After successful login and entry of the PIN, the CUSTOMER confirms the transaction. Then they return to the online shop.
- eps Transfer: If delivery is made with payment by eps transfer, the CUSTOMER needs an online banking account with one of the participating banks. At the end of the ordering process, the CUSTOMER selects the bank and logs into the private online banking area. There, the CUSTOMER checks the already entered payment details. If these are correct, the CUSTOMER authorizes the payment by eps and thus completes the purchase.
- SOFT: If delivery is made with payment by SOFT, the CUSTOMER logs into their online banking and authorizes the payment with a transaction authentication number (TAN) before returning to the webshop.
- iDeal: If delivery is made with payment by iDeal, the CUSTOMER first selects the bank. Then they are redirected to the online banking environment of the bank. There, the CUSTOMER securely logs in with their access data. The total amount due and other transfer information are already filled in the input mask, so the CUSTOMER only has to confirm the payment by iDEAL. After payment confirmation, the CUSTOMER is redirected to the webshop. The CUSTOMER receives an immediate payment confirmation.
- Apple Pay: If delivery is made with payment by Apple Pay, the CUSTOMER pays directly from their Apple account. After submitting the order, the CUSTOMER is redirected to Apple, where the payment of the order amount can be authorized. Once the SELLER has been informed about the authorization, shipping takes place depending on the specified delivery time for the item. Depending on the payment method stored with Apple Pay, this is charged immediately after authorization or after dispatch with the actual invoice amount after deduction of any discounts, gift vouchers, etc.
- Google Pay: If delivery is made with payment by Google Pay, the CUSTOMER pays directly from their Google account. After submitting the order, the CUSTOMER is redirected to Google, where the payment of the order amount can be authorized. Once the SELLER has been informed about the authorization, shipping takes place depending on the specified delivery time for the item. Depending on the payment method stored with Apple Pay, this is charged immediately after authorization or after dispatch with the actual invoice amount after deduction of any discounts, gift vouchers, etc.
10. Promotional Vouchers and Their Redemption
- Promotional vouchers are vouchers that cannot be purchased but are issued by the SELLER as part of promotional campaigns with a specific validity period.
- Promotional vouchers can only be redeemed within the specified period and only once as part of an ordering process. Individual brands may be excluded from the voucher promotion. Promotional vouchers cannot be used for the purchase of gift vouchers. Please note that promotional vouchers may be subject to a minimum order value.
- The value of the goods must be at least equal to the amount of the promotional voucher. Any difference to a higher value can be offset with the offered payment methods. The value of a promotional voucher is neither paid out in cash nor is it interest-bearing. The promotional voucher will not be refunded if the goods are returned in whole or in part.
- Promotional vouchers can only be redeemed before the completion of the ordering process. Subsequent crediting is not possible. The promotional voucher cannot be transferred to third parties. Multiple promotional vouchers cannot be combined unless otherwise specified in the terms and conditions of the promotion.
- If the total value of the order falls below the respective minimum order value of the used promotional voucher due to a later return of ordered goods, the SELLER reserves the right to calculate and subsequently charge the original price of the ordered goods to the CUSTOMER.
11. Value Vouchers, Product Vouchers, and Their Redemption
a. Value Vouchers: Value vouchers are vouchers with a specific purchase value issued exclusively by the SELLER to the CUSTOMER, for example, as a gesture of goodwill. They are customer-specific, non-transferable, and cannot be purchased. Cash payment is not possible.
To redeem a value voucher, enter its code into the designated field before completing the ordering process. The amount specified for the value voucher is deducted from the order's value. Remaining voucher amounts are retained and can be redeemed in subsequent orders by re-entering the voucher code as before. Orders exceeding the voucher amount in value can be settled with the offered payment methods.
b. Product Vouchers: Product vouchers are vouchers for a specific product (e.g., ESN Designer Whey) issued exclusively by the SELLER to the CUSTOMER, for example, as a gesture of goodwill. They are customer-specific, non-transferable, and cannot be purchased. Cash payment is not possible.
To redeem a product voucher, enter its code in the Support Center of the customer account into the designated field. The product specified for the product voucher is automatically added to the customer's shopping cart and included in the order.
12. Delivery and Shipping Conditions - Information on Calculating the Delivery Date
- Unless otherwise agreed with the CUSTOMER, the delivery of goods sent by mail or in any other way will be made to the delivery address provided by the CUSTOMER in the order, using postal services (package, parcel, letter, freight, etc.).
- The delivery time is separately indicated for each item or in the product description on the item page.
- The delivery time stated on the item page starts on the working day following the day of the conclusion of the contract for all other payment methods.
- Orders can be placed by all CUSTOMERS from the European Economic Area and possibly other countries specified in the online shop and/or in the shipping cost table. The delivery of orders is only made to Germany and to the countries specified in the online shop and/or in the shipping cost table.
- If the carrier returns the purchased item to the SELLER because delivery to the CUSTOMER was not possible, the CUSTOMER bears the cost of re-shipping. This does not apply if the CUSTOMER has exercised any existing right of withdrawal in parallel with the refused acceptance or if the circumstance leading to the impossibility of delivery is not attributable to the CUSTOMER, or if the CUSTOMER was temporarily prevented from accepting the offered service, unless the SELLER had announced the service to him an appropriate time in advance.
The SELLER automatically initiates any refunds to the account used by the CUSTOMER for payment. In the case of payment by invoice, the refund is instructed to the account from which the transfer was made. If the CUSTOMER has paid through external payment providers, the refund is made to the associated account. If the CUSTOMER used a value voucher for the purchase, the corresponding amount will be credited to their value voucher account.
14. Retention of Title
The SELLER reserves ownership of the sold items until full payment of the purchase price.
15. Warranty/Defect Liability
- The rights for defects in the purchased item are governed by legal provisions.
16. Customer Account
- The CUSTOMER can create a customer account in the online shop free of charge.
- By clicking on the link contained therein, the CUSTOMER confirms their identity and receives a confirmation of the creation of their customer account via email.
- The CUSTOMER is entitled to register and operate only one customer account on esn.com at a time. If the SELLER becomes aware of multiple registrations, the SELLER is entitled to exclude the CUSTOMER from using the webshop. CUSTOMERS whose customer accounts have been previously blocked or terminated by us are not allowed to create a new customer account. Minors are not allowed to register.
- The CUSTOMER and the SELLER can terminate the contract for the customer account at any time with immediate effect for the future without stating reasons. The SELLER reserves the right to delete the registration of CUSTOMERS who have not provided complete or incorrect data.
17. Data Storage and Data Protection
18. Alternative Dispute Resolution
The SELLER is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
19. Final Provisions
- German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
- The above choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the CUSTOMER has his habitual residence is not withdrawn.