1. scope of application
1.1 The following General Terms and Conditions apply to the Bestvital® store in the version valid at the time of the order.
1.2 General terms and conditions of the customer are hereby expressly rejected. No verbal agreements have been made.
1.3 Consumers within the meaning of our General Terms and Conditions are, of course, persons who conclude legal transactions for purposes that cannot be attributed to their commercial or independent professional activity (§ 13 BGB).
1.4 Entrepreneurs within the meaning of our General Terms and Conditions are legal and natural persons who, when concluding a legal transaction, act in the exercise of their professional or independent activity (§ 14 BGB).
1.5 Identity
The domain www.bestvital.de is the Internet portal of the:
Medsportiv® GmbH
Wolfgang Hackhausen (Managing Director)
St. Jobser Strasse 53
52146 Würselen
Phone +49 (0)2405 42 608 0
Fax +49 (0)2405 42 608 34
[email protected]
1.6 Minimum order value
We do not have a minimum order value. You are welcome as a customer, regardless of whether you order one item or several.
1.7 The contract language is German.
2. offer, conclusion and invoicing
2.1 At www.bestvital.de, the customer can order online around the clock, even at weekends. The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking on the “Buy” button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent together with acceptance of the order by automated e-mail immediately after it has been sent. The purchase contract is concluded with this e-mail confirmation.
2.2 Obvious errors, typographical, printing and Printing and calculation errors are not binding for us. Should the Bestvital® products website nevertheless contain a non-obvious error, such as spelling or calculation errors, we reserve the right to charge the correct price retrospectively. In this case, we grant the customer an immediate right of withdrawal if he does not agree with the new price, unless the delivered goods are an item manufactured at the special request of the customer. The rights of the customer under the right of withdrawal remain unaffected by this.
2.3 We save the text of the contract and send you the order data by e-mail. For security reasons, your past order data will no longer be accessible via the Internet after dispatch.
2.4 Unless otherwise agreed, samples and specimens shall be regarded as approximate illustrative pieces for quality, dimensions and colors.
2.5 Invoices are preferably sent to the customer by email. The invoice shall be made available to the customer in an easily printable form.
2.6 In the case of the direct debit payment method, we reserve the right to change the payment method for orders that exceed a cumulative total order value of €250 within a period of 8 weeks.
If the customer is an entrepreneur, the following shall also apply:
2.7 We shall only be liable to entrepreneurs for such public statements, in particular in advertising, which were initiated by us or to which we expressly referred upon conclusion of the contract; in such cases of public statements initiated by us, the obligation to assume liability shall only exist if these actually influenced the purchase decision of the commercial customer.
3. shipment, transfer of risk, packaging
3.1 The route and means of shipment are at our discretion. Packaging is not carried out on an item-by-item basis, but exclusively according to transport, production and environmental aspects. The larger unit size always determines the packaging length.
For entrepreneurs, the following provisions of points 3.2 to 3.5 inclusive also apply
3.2 Our deliveries are ex warehouse or ex works. The risk shall pass to the customer when the goods are handed over to the carrier – irrespective of whether the carrier is commissioned by the customer, the manufacturer or by us. This also applies to partial and prepaid deliveries. In the case of deliveries with our vehicles, the risk shall pass to the customer as soon as the goods are made available at the location specified by the customer.
3.3 If dispatch is delayed at the request or through the fault of the customer, the goods shall be stored at the expense and risk of the customer. In this case, notification of readiness for dispatch shall be deemed equivalent to dispatch. The invoice for the goods shall become due immediately upon storage.
3.4 If the transport is carried out with the Supplier’s own vehicle or with third-party vehicles, the goods shall be deemed to have been handed over at the latest as soon as they are available to the recipient in front of the delivery point on a paved roadway and on the vehicle. If, in the opinion of the deliverer, the access road is not passable, the handover shall take place where the vehicle can be driven to and from without any problems.
3.5 If, in deviation from the contractual agreements, the customer requests assistance with unloading (including unloading equipment), further transportation or insertion, this effort shall be invoiced additionally. However, assistance with this work does not imply any additional liability or assumption of risk.
3.6 Note in accordance with the Packaging Ordinance:
In accordance with the provisions of the German Packaging Ordinance, we are obliged to take back packaging for our products that does not bear the mark of a nationwide disposal system (such as the Green Dot of Duales System Deutschland AG) and to ensure that it is reused or disposed of.
Please contact us for further clarification regarding the return of such products. We will then inform you of a municipal collection point or a disposal company in your area that will accept the packaging free of charge. If this is not possible, you have the option of sending the packaging back to us.
Medsportiv® GmbH
St. Jobser Strasse 53
52146 Würselen
The packaging will be reused by us or disposed of in accordance with the provisions of the Packaging Ordinance.
4. delivery and shipping costs
We charge a shipping fee of 5.95 euros within Germany. The shipping costs to the Netherlands, Belgium, Luxembourg, Austria, Denmark, France, Poland and the Czech Republic are 9.95 euros. 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 euros. The shipping costs to Switzerland are 19.95 euros.
Please contact us by e-mail ([email protected]) or call us (phone +49 (0)2405 42 608 0) if your country is not listed to find out the corresponding shipping costs. If you are ordering from us for the first time, we deliver by prepayment, PayPal, instant bank transfer or direct debit. You will receive the required bank details directly by email with your order confirmation. If you do not receive an email, please check your email address and send us a message using the contact form if you have any problems.
Orders are dispatched immediately after receipt of payment. In the case of direct debit, instant bank transfer or invoice, the goods will be dispatched to you on the next working day at the latest. The shipping documents are then available for 30 days. In the event of any shipping problems, claims can be made to the shipping company within 7 days of shipment.
The direct debit payment method takes place when the goods have left our warehouse. Deliveries to non-EU countries are subject to additional customs duties, taxes and fees. Further information on customs duties can be found, for example, at http://ec.europa.eu/taxation_customs/index_de.htm and on import sales tax at http://auskunft.ezt-online.de/ezto/Welcome.do and specifically for Switzerland at http://xtares.admin.ch/tares/login/loginFormFiller.do
5 Delivery periods and delay
5.1 Please refer to the notes in the respective product descriptions for our delivery times
5.2 An execution or delivery period shall be extended appropriately – even within a delay – in the event of force majeure and all unforeseen obstacles occurring after conclusion of the contract for which we are not responsible (in particular also operational disruptions, strikes, lockouts or disruption of transport routes), insofar as such obstacles demonstrably have a significant influence on the intended execution or delivery. This also applies if these circumstances occur at our suppliers, sub-suppliers or subcontractors.
We shall inform the customer of the beginning and end of such obstacles as soon as possible. The customer may demand a declaration from us as to whether we wish to withdraw from the contract or deliver or perform within a reasonable period of time. If we do not declare our intention immediately, the customer may withdraw from the contract. Claims for damages are excluded in these cases.
5.3 Under no circumstances shall we be liable for delayed or omitted deliveries (impossibility) due to the fault of our suppliers. However, we undertake to assign any claims for compensation against the upstream supplier to the customer.
5.4 If, after conclusion of the contract, we become aware of facts, in particular default in payment with regard to earlier deliveries, which, according to our best commercial judgment, indicate a significant deterioration in our assets, we shall be entitled to refuse performance until the consideration has been paid or appropriate security has been provided for the performance to be rendered by us. If we are obliged to provide advance performance, we may demand appropriate security for the performance to be provided by us.
In this case, we may set a reasonable deadline within which our contractual partner must, at his discretion, provide the consideration or the appropriate security. After expiry of the deadline set by us, we shall be entitled to withdraw from the contract. In this case, partial deliveries effected by us shall be due for payment immediately.
5.5 Partial services and partial deliveries are permissible to a reasonable extent. We may demand payments on account to a reasonable extent.
5.6 If the customer does not accept the delivered goods, Medsportiv® GmbH is entitled to withdraw from the contract or to claim damages for non-performance after the fruitless expiry of a grace period of two weeks. The customer may exercise his right of withdrawal by not accepting the goods (by returning the goods).
6. prices / due date / payment / set-off
6.1 The prices are in EURO plus packaging, freight and other shipping costs, as well as the applicable VAT rates.
6.2 Rebates, discounts, etc. must be expressly agreed.
6.3 In our price calculations, we assume that the items on which the offer is based remain unchanged, that any necessary preliminary work has already been completed and that we can provide our services in one go – without hindrance.
6.4 All payments (in particular the purchase price) are due at the latest upon delivery of the goods and must be paid immediately. All payments shall always be used to settle the oldest due debt items plus interest accrued thereon. Discounts shall only be granted if expressly agreed in the contract.
6.5 Payments using the so-called check/bill of exchange procedure always require a special written agreement. Credits for bills of exchange and checks shall be made less expenses with the value date of the day on which we can dispose of the equivalent value.
6.6 Our claims shall become due immediately, irrespective of the term of any bills of exchange accepted and credited, if the terms of payment are not complied with or facts become known which indicate a significant deterioration in the customer’s financial situation
In the latter case, we shall be entitled to make further deliveries dependent on advance payment or the provision of corresponding securities. We are also entitled to revoke discounts – even if they are not openly shown on the invoice – and other benefits.
6.7 If the customer defaults on payment or fails to honor a bill of exchange when due, we shall be entitled to take back the goods, enter the customer’s premises if necessary and remove the goods. We may also prohibit the further sale and removal of the delivered goods. Unless the Consumer Credit Act applies, taking back the goods does not constitute withdrawal from the contract.
6.8 In the cases of Sections 6.6 and 6.7, we may revoke the direct debit authorization (Section 7.6) and demand advance payments for outstanding deliveries. However, the customer may avert these as well as the legal consequences mentioned in section 6.7 by providing security in the amount of our jeopardized payment claim.
6.9 Offsetting against our claims is only permitted with undisputed or legally established counterclaims. A right of retention from earlier or other transactions in the current business relationship cannot be asserted. Unilateral invoice deductions for the disposal of packaging material, in particular transport packaging, are not permitted.
6.10 Medsportiv® GmbH is not obliged to make more than three delivery attempts. Any additional costs incurred as a result shall be borne by the customer.
If the customer is an entrepreneur, the following shall also apply:
6.11 An entrepreneur shall be in default at the latest if he does not make payment within 30 days of receipt of the invoice or other request for payment. If the time of receipt of the invoice or payment request is uncertain, the 30-day period after the due date shall commence upon receipt of the service.
If the customer is a consumer, the following also applies:
6.12 If the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), the customer is expressly informed that the purchase price is due immediately upon receipt of the invoice. The customer shall be in default at the latest if he does not make payment within 30 days of receipt of the invoice. Irrespective of receipt of the invoice, the 30-day period shall commence upon receipt of the goods. The amount of default interest is determined by §§ 288 para. 1, 247 BGB.
7. reservation of title
7.1 We reserve title to the goods until the purchase price has been paid in full. In the case of goods which the customer purchases from us within the scope of his commercial activity, we reserve the right of ownership until all our claims arising from the business relationship, including future claims – also from contracts concluded at the same time or later – have been settled. This shall also apply if individual or all claims have been included by us in a current account and the balance has been struck and recognized.
7.2 If, in connection with the payment of the purchase price by the customer, we are liable under a bill of exchange, the retention of title shall not expire before the bill of exchange has been honored by the customer as drawee.
7.3 The customer must inform us immediately of any access by third parties to the reserved goods and the assigned claims. He may only sell the reserved goods in the ordinary course of business at his normal terms and conditions and as long as he is not in default, provided that the claims from the resale are transferred to us in accordance with Section 7.4 of our General Terms and Conditions. He is not entitled to dispose of the reserved goods in any other way.
7.4 The customer assigns to us the claims arising from the resale of the reserved goods.
7.5 If the reserved goods are sold by the customer together with other goods not supplied by us, the claim arising from the resale shall be assigned in the ratio of the invoice value of our goods to the other goods sold.
7.6 The customer is entitled to collect claims from the resale unless we revoke the direct debit authorization in the cases specified in section 6.8. At our request, he shall be obliged to inform his customers immediately of the assignment to us – unless we do so ourselves – and to provide us with the information and documents required for collection (e.g. names and addresses of his debtors). Under no circumstances shall the customer be entitled to assign the claim further (e.g. to banks).
7.7 Assignment by way of genuine factoring shall only be permitted to the customer on condition that we are notified of this, stating the factoring bank and the customer’s accounts held there, and that the factoring proceeds exceed the value of our secured claim. Our claim shall become due immediately when the factoring proceeds are credited.
7.8 At the request of the customer, we undertake to release the securities to which we are entitled at our discretion to the extent that their realizable value exceeds the claims to be secured by 20 percent.
8 Warranty/ Complaints
We are liable for defects within the meaning of § 434 as follows:
8.1 The customer is solely liable if rights, in particular copyrights of third parties, are infringed by the execution of his order. The customer shall indemnify Medsportiv® GmbH against all third-party claims arising from such an infringement. Medsportiv® GmbH may at any time demand proof from the customer of the authorization to use third-party rights to names or copyrights.
8.2 The customer may not violate legal prohibitions, common decency or the rights of third parties (name, copyright, data protection rights, etc.) with the form, content or purpose of the desired imprints. In particular, the customer undertakes not to order any pornographic, violence-glorifying or inciting content as text imprints, not to incite criminal acts or to present instructions for such acts.
8.3 If the form, content or intended purpose of the imprints requested by the customer violate legal prohibitions, common decency and the rights of third parties (rights to a name, copyright, data protection rights, etc.), this does not constitute a material defect or defect of title for which Medsportiv® GmbH is responsible. Claims for material defects as a result of such a fact do not exist.
8.4 In the event of transport damage, the goods must be left in the condition in which they were when the damage was discovered.
If the customer is an entrepreneur, the following shall also apply:
8.5 We shall only be liable to companies for such public statements, in particular in advertising, which were initiated by us. In such cases of public statements initiated by us, we shall only be liable if the advertising has actually influenced the purchase decision of the commercial customer.
8.6 In the event of justified complaints, we shall be entitled to determine the type of subsequent performance (replacement delivery or rectification), taking into account the type of defect and the justified interests of the customer.
8.7 The limitation period for claims for material defects by entrepreneurs is 12 months. This does not apply if the law prescribes a longer period in accordance with §§ 438 Para. 1 No. 2, 479 and § 634 Para. 1 No. 2 BGB. For our customers who are consumers within the meaning of § 13 BGB (see 1.3), the warranty period under sales law for used goods is 12 months. This does not apply if the law prescribes longer periods in accordance with § 438 Para. 1 No. 2 or if we are compulsorily liable due to other statutory provisions.
9. revocation instruction
Consumers have a fourteen-day right of withdrawal.
9.1 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, have taken possession of the last goods.
To exercise the right to cancel, you must inform us (Medsportiv GmbH, St. Jobser Strasse 53, 52146 Würselen, Deutschland, [email protected], Phone: 02405 426080) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
9.2 Consequences of revocation
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 fourteen 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 period of fourteen days 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.
The right of withdrawal does not apply to the following contracts:
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.
To the withdrawal form
10. claims for damages
Claims for damages and reimbursement of expenses by the customer (hereinafter referred to as claims for damages), irrespective of the legal grounds, in particular due to the breach of duties arising from a contractual obligation or from tort, are excluded. This shall not apply in cases of the assumption of a guarantee or a procurement risk, in the event of liability on the basis of the Product Liability Act, in the event of injury to life, limb and health of a person in the event of gross negligence or the breach of material contractual obligations.
The claim for damages for the breach of essential contractual obligations is limited to compensation for the foreseeable damage typical of the contract, provided that this was not caused by gross negligence or injury to life, limb or health of a person. This does not imply a change in the burden of proof to the detriment of the customer.
11. assignment
The assignment of claims to which the customer is entitled against us from the business relationship is excluded.
12 Place of performance, place of jurisdiction, applicable law
12.1 In the event that the customer does not have a place of residence or habitual abode in Germany at the time the action is brought or if these are not known to Medsportiv® GmbH and/or the customer is a merchant, a special fund under public law or a legal entity under public law, Aachen is agreed as the place of jurisdiction. This applies to all disputes arising from the contractual relationship.
12.2 However, we are entitled to sue the plaintiff at his place of jurisdiction.
12.3 If the Customer is an entrepreneur, the contract including these GTC shall be governed by the substantive law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods and international law.
12.4 If the customer is a consumer, the contract including these GTC shall be governed by the law of the country in which the consumer has his habitual residence.
13. alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board.
The General Consumer Arbitration Board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de is responsible.