1. SCOPE OF APPLICATION
The following terms and conditions apply to all contracts that we conclude with consumers via our online store. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.
2. CONCLUSION OF CONTRACT
2.1 The product offers presented in our online store are subject to change and are not offers in the legal sense. By clicking on the “Add to shopping cart” button, the customer can place the respective goods in the virtual shopping cart. This process is non-binding and does not constitute a contractual offer. Before placing an order, the content of the order, including the customer data, is summarized on an overview page. The customer can correct all order data there using the change fields provided. By clicking on the button “order with obligation to pay”, the customer submits a binding offer to us to conclude a purchase contract. After placing the order, the customer receives an automatically generated e-mail from us confirming receipt of the order and providing details of the order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of the contract. A contract is only concluded when an order confirmation is sent or the goods are delivered within two days. The customer can save or print these General Terms and Conditions at any time by clicking on the “Save” or “Print” button at the bottom of this page. The text of the contract remains saved after conclusion of the contract and is accessible to the customer. The customer can also save and/or print out the content of his order immediately after placing his order and also view it at any time later via the “My account” function. Furthermore, we will provide the customer with the contractual provisions, including these General Terms and Conditions, in text form at the latest upon delivery of the goods.
2.2 Insofar as we offer the customer our goods not only for a one-time purchase (“one-time purchase” with one-time delivery or – as far as reasonable for the customer – the fastest possible partial deliveries), but alternatively as a goods subscription (“subscription”), i.e. we regularly supply the customer with similar goods (i.e. the same article) over a fixed period of time (§ 356 para. 1 no. 1 d) BGB), the following provisions shall apply in addition:
As part of a subscription that is concluded between the customer and us in accordance with Section 2.1 above, we agree with the customer to supply the customer with the number/dosage/quantity of similar goods offered by us as a subscription for the selected delivery interval (“delivery interval”).
The subscription and the delivery interval begin on the date of the order.
In the event that the customer wishes to be supplied by us with one or more other articles in addition to an existing subscription, a separate additional subscription is concluded for the other article(s) ordered with its own delivery interval.
2.3 The customer assures that all information provided by him when ordering or registering in the online store (e.g. name, address, e-mail address, bank details, etc.) is truthful. Any changes must be communicated to us immediately.
2.4 The contract language is exclusively German.
2.5 We deliver our goods to customers within Germany, the Netherlands, Belgium, Luxembourg, Austria, Denmark, France, Poland, the Czech Republic, Switzerland, Italy, Slovakia, Sweden, Slovenia, Spain, Hungary, Estonia, Bulgaria, Finland, Ireland, Croatia, Latvia, Lithuania, Norway, Portugal, Romania and Greece.
3. TERMS AND TERMINATION OF SUBSCRIPTIONS
Subscription contracts run for the duration of the specified contract term (1 month, 3 months or 1 year), starting on the day the contract is concluded. If the contractual relationship is not terminated with a notice period of 3 weeks to the end of the contract term using the option provided on our homepage, the contract is automatically extended for an indefinite period after the contract term has expired. The extended contractual relationship can be terminated at any time with a notice period of one month.
4. PRICES, SHIPPING COSTS
4.1 The prices stated on our website are total prices and include statutory VAT.
4.2 Shipping shall be at the customer’s expense.
We charge a shipping fee of €5.95 within Germany. The shipping costs to the Netherlands, Belgium, Luxembourg, Austria, Denmark, France, Poland, the Czech Republic and Switzerland are €9.95. The shipping costs to Italy, Slovakia, Sweden, Slovenia, Spain, Hungary, Estonia, Bulgaria, Finland, Ireland, Croatia, Latvia, Lithuania, Norway, Portugal, Romania and Greece are €16.95. From a total order value of €75, shipping is free within Germany and Austria.
The shipping costs are also displayed to the customer on the overview page before the order is placed and must be confirmed.
5. PAYMENT
5.1 Payment shall always be made at the customer’s discretion
5.1.1 for one-off purchase
By PayPal, credit card (Visa, Mastercard, American Express, Discover), Klarna, Google Pay, Apple Pay, EPS.
5.1.2 For subscriptions
By PayPal, credit card (Visa, Mastercard, American Express, Discover), Apple Pay, Google Pay.
In the case of subscriptions, we will debit the means of payment/account selected by the customer for the first delivery with the customer’s order and for each interval delivery at the earliest on the day the goods are dispatched.
The customer can change the payment method selected by him when ordering for future one-off purchases and the next (at least 4 days in the future) interval delivery at any time via his customer account, if he has registered one.
5.2 Payment of the purchase price for one-off purchases is due immediately when the customer places the order; for subscriptions, payment is due on the day the respective interval delivery is dispatched. The means of payment selected by the customer shall be debited on the respective due date.
5.3 If the customer is in default of payment, we are entitled to demand default interest in the amount of 5 percentage points above the base interest rate (§ 247 BGB). We reserve the right to provide evidence of higher damages.
5.4 In the event of default in payment and other obvious credit unworthiness, all further claims against the customer shall become due immediately.
5.5 The customer shall only be entitled to offset claims that are undisputed by us or have been legally established against us. The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
6. DELIVERY
6.1 We are entitled to make partial deliveries to a reasonable extent.
6.2 In the event of non-availability of the ordered goods for which we are not responsible as a result of late or incorrect delivery (including delivery of short quantities) by our (upstream) supplier despite a delivery contract concluded by us with the (upstream) supplier for the ordered goods, we reserve the right not to deliver. In this case, we undertake to inform the customer immediately of the non-availability of the ordered goods and to refund any consideration (payments) already received from the customer without delay.
6.3 Delivery shall be made within the delivery period specified for the respective product.
The stated delivery periods are calculated (subject to prior payment of the purchase price (except in the case of purchase on account))
6.3.1 In the case of a single purchase, from the time of the order;
6.3.2 In the case of subscriptions, we shall deliver the first delivery of the subscription in accordance with clause 6.3.1 and the subsequent deliveries at the agreed delivery intervals plus/minus two working days.
6.4 If no or no deviating current delivery time is specified for the respective goods in our online store, the delivery time in the case of section 6.3.1 (one-off delivery) and in the case of an initial delivery as part of a subscription is one to seven working days. This applies to shipments within Germany; within the European Union 2 – 10 working days.
7. RIGHT OF REVOCATION
7.1 Cancellation policy for one-off purchases
Widerrufsbelehrung
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise the right to cancel, you must inform us (Medsportiv GmbH, St. Jobser Straße 53, 52146 Würselen, Deutschland, info@medsportiv.com, Phone: 02405/420 80) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Folgen des Widerrufs
If you withdraw from this contract, we shall reimburse to you 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 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within 14 days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the 14-day period has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
7.2 Cancellation policy for regular deliveries
Widerrufsbelehrung
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the first (similar) goods.
To exercise the right of withdrawal, you must inform us (Medsportiv GmbH, St. Jobser Straße 53, 52146 Würselen, Deutschland, info@medsportiv.com, Phone: 02405/420 80) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Folgen des Widerrufs
If you withdraw from this contract, we shall reimburse to you 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 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse to make a refund until we have received the goods back or you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within 14 days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the 14-day period has expired. Sie tragen die unmittelbaren Kosten der Rücksendung der Waren. Sie müssen für einen etwaigen Wertverlust der Waren nur aufkommen, wenn dieser Wertverlust auf einen zur Prüfung der Beschaffenheit, Eigenschaften und Funktionsweise der Waren nicht notwendigen Umgang mit ihnen zurückzuführen ist.
7.3 Exclusion of the right of withdrawal
There is no right of withdrawal:
7.3.1 for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
7.3.2 for contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
7.3.3 for contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.
8. DEFECT RIGHTS
8.1 In the event of a material defect in the purchased item, the statutory provisions shall apply in principle. This means that the customer can first and foremost demand subsequent performance, i.e. at his discretion subsequent delivery or rectification of the defect. If the other legal requirements are met, the customer is entitled to reduce the purchase price or withdraw from the contract. Claims for damages due to a defect in the goods shall be subject – in addition to the statutory requirements – to the requirements set out in clause 8.
8.2 All claims for defects shall become time-barred 2 years after delivery.
9. LIABILITY FOR DAMAGES
9.1 The following exclusions and limitations of liability shall apply to our liability for damages, notwithstanding the other statutory requirements for claims.
9.2 We shall be liable if we are guilty of intent or gross negligence. We shall only be liable for simple negligence in the event of a breach of an obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (so-called cardinal obligation). Otherwise, liability for compensation for damages of any kind, regardless of the basis of the claim, including liability for culpa in contrahendo, is excluded.
9.3 Insofar as we are liable for simple negligence in accordance with clause 9.2, our liability shall be limited to the damage that we could typically expect to occur according to the circumstances known at the time the contract was concluded.
9.4 The above exclusions and limitations of liability shall not apply if we have assumed a guarantee for the quality of the goods, nor for damages that are to be compensated under the Product Liability Act, nor for damages to life, body or health, nor for statutory claims.
9.5 The above exclusions and limitations of liability shall also apply in favor of our employees, vicarious agents and other third parties whose services we use to fulfill the contract.
10. DATA PROTECTION
We collect and process the customer’s data required for business transactions. When processing the customer’s personal data, we observe the statutory provisions. All details can be found in the data protection information available in our online offer.
11. APPLICABLE LAW
11.1 These Terms and Conditions and the entire legal relationship between us and our contractual partners shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Insofar as mandatory statutory consumer protection regulations in the customer’s country of residence contain more favorable provisions for the customer, these provisions shall apply irrespective of the choice of German law.
12. FINAL PROVISIONS, DISPUTE RESOLUTION,
12.1 This contract contains all agreements made between the parties regarding the subject matter of the contract. There are no verbal collateral agreements.
12.2 Should individual provisions of this contract be or become invalid or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Any provisions of this contract that are not included or are invalid shall be replaced by the law (Section 306 (2) BGB). If such statutory law is not available in the respective case (loophole) or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provisions with a valid provision that comes as close as possible to the economic purpose of the invalid provision.
The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr/
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
13. PROVIDER IDENTIFICATION, SUMMONABLE ADDRESS
Complaints and other declarations of intent as well as our address for service are as follows:
Medsportiv GmbH
Managing Director: Wolfgang Hackhausen
St. Jobser Straße 53
52146 Würselen
Enclosure:
Sample withdrawal form
(Wenn Sie den Vertrag widerrufen wollen, dann füllen Sie bitte dieses Formular aus und senden Sie es zurück.)
– To Medsportiv GmbH, St. Jobser Strasse 53, 52146 Würselen, Germany, info@medsportiv.com:
– I/we(*) hereby give notice that I/we(*) withdraw from my/our(*) contract of sale of the following goods(*)/for the provision of the following service(*)
– Ordered on(*)/received on(*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only for notification on paper)
– Date
_________________________________________
(*) Delete as appropriate.