Terms of service

General Terms and Conditions and Customer Information

I. General Terms and Conditions

Section 1 Basic Provisions

1. The following terms and conditions apply to contracts concluded with us as the provider (Fitnesshotline GmbH) via the website best-body-shop.de. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby rejected.

2. A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

Section 2 Accessibility

1. In accordance with Section 14 para. 1 no. 2 in conjunction with Annex 3 no. 1 BFSG, we inform you how our website and our electronic commerce services meet the accessibility requirements of the relevant regulation (BFSGV). This information is available via a separate, clearly labeled button on our website, for example “Accessibility Statement” or a similar designation, and includes in particular:

• A description of the applicable accessibility requirements
• A general description of the service in an accessible format
• Descriptions and explanations necessary to understand how the service is provided
• A description of how the service meets the relevant accessibility requirements

1. The contact details of the competent market surveillance authority are as follows:

Market Surveillance Authority of the Federal States for the Accessibility of Products and Services – Public Institution (MLBF AöR)
Carl-Miller-Str. 6
39112 Magdeburg
Germany
Phone: +49 391 567 6970
Email: kontakt@mlbf-barrierefrei.de

1. Where applicable, we use artificial intelligence and special tools to implement accessibility requirements on our website. This is intended to take into account a wide range of potential disabilities, including visual, auditory, physical, speech-related, cognitive, and neurological impairments. Further details can be found under the separate button mentioned in paragraph 1 on our website.

2. Our website and our electronic commerce services are considered accessible if they can be found, accessed, and used by people with disabilities in the usual manner, without particular difficulty and generally without external assistance.

3. Measures implemented to ensure accessibility include, for example, clearly legible font sizes and sufficient color contrasts, navigation via mouse and keyboard, alternative text for images, subtitles and audio descriptions in videos where applicable, easy-to-read and understandable language, compatibility with common screen readers, and adaptable display options for different devices such as smartphones, tablets, and desktop computers.

Section 3 Conclusion of the Contract

1. The subject matter of the contract is the sale of goods.

2. By listing a product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.

3. The contract is concluded via the online shopping cart system as follows:
   The goods intended for purchase are placed in the “shopping cart.” You can access the shopping cart via the corresponding button in the navigation bar and make changes at any time.
   After clicking the button labeled “Checkout” or “Proceed to Order” or a similar designation and entering your personal data as well as payment and shipping details, the order data will be displayed as an order summary.

If you select an instant payment system such as PayPal Express, PayPal Checkout, Amazon Pay, or Sofort, you will either be redirected to the order summary page in our online shop or to the website of the provider of the instant payment system.
If redirected, you make the appropriate selection or enter your data there. Finally, you will be shown the order summary either on the website of the instant payment provider or after being redirected back to our online shop.

Before submitting the order, you have the opportunity to review the details in the order summary, change them using the browser’s back function, or cancel the order.

By submitting the order via the corresponding button such as “Order with obligation to pay,” “Buy,” “Buy now,” “Place order with obligation to pay,” “Pay,” or “Pay now,” you declare legally binding acceptance of the offer, thereby concluding the contract.

1. Order processing and transmission of all information required in connection with the conclusion of the contract are carried out by email, partly automatically. You must therefore ensure that the email address you have provided is correct, that receipt of emails is technically ensured, and that it is not prevented by spam filters.

Section 4 Special Agreements Regarding Payment Methods

1. Payment via Klarna
   In cooperation with the payment service provider Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:

• Invoice Pay Later. The Klarna invoice terms for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice. The terms for extending the payment period can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.
• Sofortüberweisung Pay Now.
  

Use of invoice, installment purchase, or direct debit payment methods is subject to a positive credit check. For this purpose, we forward your data to Klarna as part of the purchase initiation and processing for address and credit assessment. We ask for your understanding that we can only offer payment methods permitted based on the results of the credit check.

Further information about Klarna and Klarna’s terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

1. Payment via PayPal or PayPal Checkout
   If you select a payment method offered via PayPal or PayPal Checkout, payment processing is carried out by PayPal Europe S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg. The individual payment methods available via PayPal are displayed under a correspondingly labeled button on our website and during the online ordering process. PayPal may use other payment services to process payments. If special payment conditions apply, you will be informed separately. Further information about PayPal can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

Section 5 Right of Retention and Retention of Title

1. You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

2. The goods remain our property until full payment of the purchase price has been made.

Section 6 Warranty

1. The statutory liability for defects applies.

2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty claims.

3. If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it prior to submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

Section 7 Choice of Law, Place of Performance, Jurisdiction

1. German law shall apply. In the case of consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country of their habitual residence.

2. The place of performance for all services arising from our business relationships and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your residence or habitual abode is unknown at the time legal action is filed. The right to bring proceedings before another court of competent jurisdiction remains unaffected.

3. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.

 

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II. Customer Information

1. Identity of the Seller

Fitnesshotline GmbH
Beethovenstr. 9
08209 Auerbach
Germany
Phone: +49 3744 365650
Email: info@fitnesshotline.de

We are willing but not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion itself, and the correction options are governed by the provisions under “Conclusion of the Contract” in our General Terms and Conditions Part I.

3. Contract Language and Storage of the Contract Text

3.1 The contract language is German.

3.2 The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed using the browser’s print function or saved electronically. After we receive your order, the order data, the legally required information for distance contracts, and these General Terms and Conditions will be sent to you again by email.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and or services can be found in the respective offer.

5. Prices and Payment Terms

5.1 The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2 Shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition, unless free shipping has been promised.

5.3 The available payment methods are displayed under a correspondingly labeled button on our website or in the respective offer.

5.4 Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.

6. Delivery Conditions

6.1 Delivery conditions, delivery dates, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2 If you are a consumer, the law provides that the risk of accidental loss or accidental deterioration of the goods during shipment passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.

7. Statutory Liability for Defects

Liability for defects is governed by the provisions under “Warranty” in our General Terms and Conditions Part I.

These General Terms and Conditions and customer information were created by lawyers specializing in IT law at Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last updated: 22 October 2024