AGB von Fittastic
These General Terms and Conditions of Business and Payment (GTC) apply to all agreements regarding the purchase and delivery of goods concluded with Fittastic and Fittasticgirls.
By placing an order, you acknowledge application of the General Terms and Conditions in effect at the time of your order.
Conclusion of contract
The products in the online shop are offers without legal obligation and meant to be invitations to submit an offer.
To submit an offer to conclude a contract, an electronic ordering process is provided in the online shop:
Place the desired article(s) into the shopping cart.
Select a shipping method and a method of payment.
Confirm that you have read and taken note of the GTC and the information about your right of revocation and agree that these GTC shall apply to your order.
Before clicking on the button “Place order with obligation to pay”, you can at any time view and change the articles in the shopping cart and the data you have entered. To do this, simply click on the „shopping cart icon" in the menu bar and return to the appropriate page.
By clicking on the button “Place order with obligation to pay”, you submit a binding offer to purchase the goods in the shopping cart. All products are sold only at quantities commonly used in households.
Receipt of an order is acknowledged by e-mail immediately after the order is sent. This automatic acknowledgement of receipt only documents that we have received the order and does not mean acceptance of the order.
We shall be entitled to accept your order within five days after receipt by sending you an order acknowledgement in text form (e.g. e-mail) conforming that your order is being processed or the goods have been dispatched or by sending the goods to you. Upon expiry of that period without result, the offer shall be deemed to have been rejected, so that a purchase contract is not concluded.
Prices, shipping costs, payment terms, delivery
The prices stated in the offer at the time of ordering shall apply. The prices are stated in euro and include the statutory German value-added tax.
Unless otherwise shown, the delivery and shipping costs are not included in the prices.
We only accept the payment options offered to the customer during the order process. The offered payment options are available on our website www.fittastic.de
Delivery shall be made by sending the goods to the address communicated by the customer.
The delivery time shall be reasonably extended in the case of any force majeure event that impairs delivery. Events equivalent to force majeure shall be strike, lock-out, intervention by any authority, scarcity of energy or raw materials, transport bottlenecks occurring through no fault of ours, impairment of operations occurring through no fault of ours such as any impairment caused by fire, water or mechanical breakdown and any other impairment which looked at objectively has not been caused through any fault of ours. We will without delay notify you of the start and end of such impediments. If, in any of the cases mentioned above, the impediment to performance continues for a period of more than four weeks after the original delivery times, you shall be entitled to rescind the contract.
Our obligation to make delivery shall cease to exist if, despite a duly concluded congruent covering transaction, delivery to us is not made correctly and in time and we are not responsible for the unavailability, we have informed you of this without delay and we have not assumed a procurement risk. In the event of unavailability of goods, we shall immediately repay any down payment made.
We issue promotion vouchers with a certain term of validity in the context of advertising campaigns. Promotion vouchers cannot be purchased.
The value of the goods of an order must at least be equal to the value which is stated on the promotion voucher as a precondition to its redemption.
Promotion vouchers are valid only during the term stated and can be redeemed just once in the context of an ordering process. Several promotion vouchers cannot be combined. Individual brands may be excluded from the voucher campaign.
Promotion vouchers can be redeemed only before the ordering process is completed. They cannot be credited subsequently.
Statutory right of revocation of consumers – Information about your right of revocation – Right of revocation
You have the right to revoke this contract within 14 days without stating a reason. The revocation period is fourteen days from the day on which you or any third party named by you who is not the forwarder have/has taken possession of the last goods. To exercise your right of revocation, you must notify us (Fittastic/Fittasticgirls, Birkenweg 16, 82319 Starnberg, Germany, phone +49151 5507509 e-mail: firstname.lastname@example.org) by means of an unambiguous declaration (e.g. a letter sent by post, a telefax or an e-mail) of your decision to revoke this contract. To do this, you may use the attached sample revocation form, but this is not mandatory. To meet the revocation deadline, it will be sufficient to dispatch the notice regarding your exercise of the revocation before the end of the revocation period.
Consequences of revocation
If you revoke this contract, we must refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from you having chosen a type of delivery other than the most inexpensive standard type of delivery offered by us), without delay and at the latest within fourteen days after the day on which we have received your notice to revoke this contract. For the repayment, we shall use the same means of payment you have used for the original transaction, unless expressly agreed otherwise with you. On no account will any amount be charged to you for the repayment. We may refuse repayment until we have received the returned goods or until you have proven that you have returned the goods, whichever occurs first. You must send the goods back or hand them over to us without delay and at any rate within fourteen days after the day on which you have notified us of the revocation of this contract. To meet this deadline, it will be sufficient to dispatch the goods to us before the end of the 14-days period. You must pay the direct costs of the return of the goods. You will have to pay compensation for lost value of the goods only if such loss of value is due to any handling of the goods by you which is not necessary to inspect the quality, characteristics and functions of the goods.
End of the information about your right of revocation
Sample revocation form
If you wish to revoke the contract, you may complete this form and send it to Fittastic/Fittasticgirls, Birkenweg 16, 82319 Starnberg, Germany, phone +49151 5507509 e-mail: email@example.com
I/we* hereby revoke the contract concluded with me/us* regarding the purchase of the following goods*: _______________ the provision of the following services* _______________ Ordered on/received on* _______________ Name(s) of the consumer(s) _______________ Address(es) of the consumer(s) _______________ Signature(s) of the consumer(s) _______________ (only if notification given on paper) Date _______________ (*) Please delete as appropriate.
Return charges in case the right of revocation is exercised
If you exercise your statutory right of revocation, you have to pay the regular costs incurred for the return of the goods.
Subject to the following provisions, the statutory warranty provisions shall apply.
The goods ordered may slightly and to a reasonable extent deviate from the goods depicted on the website due to the technical possibilities of representation, in particular, colours may be different.
Any claims for damages, for whatever legal reason, arising in a direct or indirect connection with the services/goods shall be excluded.
This exclusion of liability shall not apply in the case of a breach of a material contractual obligation (cardinal duty). Cardinal duties shall mean obligations fulfilment of which makes proper performance of the contract possible in the first place and discharge of which the customer typically relies on and may rely on, hence rights and obligations which the contract precisely has to grant based on its contents and purpose. If a cardinal duty is breached due to slight negligence, our liability shall be limited to compensation for the foreseeable damage typical for the contract. We shall at any rate be entitled to prove that the damage which has occurred is lower.
The provisions of the German Product Liability Act shall not be affected by these exclusions and limitations of liability.
Reservation of ownership
Until the goods have fully been paid for, they shall remain the property of Fittastic/Fittasticgirls.
Governing law; place of jurisdiction
The business relationships under and in connection with this contract shall exclusively be governed by the law of the Federal Republic of Germany, excluding application of the uniform United Nations Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers, this choice of law shall apply only to the extent that the protection afforded is not cancelled by any mandatory regulation of the law of the state in which the consumer has its habitual abode.