Terms and Conditions

1. Scope

1.1 Within the framework of the Bestvital® shop, the following general terms and conditions apply in the version valid at the time of the order.

1.2 The customer’s general terms and conditions are hereby expressly rejected. Verbal agreements were not made.

1.3 Consumers within the meaning of our general terms and conditions are of course persons who enter into legal transactions for purposes which can neither be attributed to their commercial nor their 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 self-employed activity (§ 14 BGB).

1.5 Identity

The domain www.bestvital.de is the Internet portal of:

Medsportiv® GmbH

Wolfgang Hackhausen (Managing Director)

St. Jobser Strasse 53

52146 Würselen

Telephone +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. Quotation, closing and invoicing

2.1 At www.bestvital.de, the customer can order online around the clock, including weekends. The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. By clicking on the “buy” button, you place a binding order for the goods contained in the shopping cart. The receipt of your order is confirmed together with the acceptance of the order immediately after it has been sent by automated e-mail. With this e-mail confirmation, the purchase contract has come about.

2.2 Obvious errors, clerical. Printing and calculation errors are not binding for us. Should the Bestvital® products website nevertheless show a non-obvious error, such as typographical or calculation errors, we reserve the right to subsequently calculate the correct price. In this case, we grant the customer an immediate right of withdrawal if he does not agree with the new price, provided that the delivered goods are not items manufactured at the special request of the customer. The customer’s rights 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 is no longer accessible via the Internet after dispatch.

2.4 Unless otherwise agreed, specimens and specimens shall be regarded as approximate examples of quality, dimensions and colours.

2.5 Invoicing to the customer is preferably done by email. The invoice is made available to the customer in an easily printable form.

2.6 With the direct debit payment method, we reserve the right to change the payment method for orders that exceed a total order value of €250 within a period of 8 weeks.

If the customer is an entrepreneur, the following also applies:

2.7 We are only liable to entrepreneurs for such public statements, in particular in advertising, which were initiated by us or to which we expressly referred when concluding the contract; in such cases of public statements initiated by us, the liability only exists if these actually influenced the purchase decision of the commercial customer.

3. Dispatch, transfer of risk, packaging

3.1 The shipping route and means are at our discretion. The packing is not done by position, but exclusively according to transport and production-related as well as environmental aspects. The larger dimension of the unit 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 made ex warehouse or ex works. When the goods are handed over to the carrier – regardless of whether he is commissioned by the customer, the manufacturer or by us – the risk passes to the customer. This also applies to partial and free deliveries. In the case of deliveries with our vehicles, the risk passes to the customer as soon as the goods are made available at the location specified by him.

3.3 If dispatch is delayed as a result of the customer’s request or due to the customer’s fault, the goods shall be stored at the customer’s risk and expense. In this case, notification of readiness for dispatch is equivalent to dispatch. The goods invoice is due immediately upon storage.

3.4 If the transport is carried out with your own vehicle or with third-party vehicles, the goods are 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 road and on the wagon. If, in the opinion of the deliverer, the access road is impassable, the handover will take place where a problem-free arrival and departure of the vehicle is guaranteed.

3.5 If, contrary to the contractual agreements, the customer requests assistance with unloading (including unloading device), further transport or deployment, this effort will be charged additionally. Participation in this work does not mean, however, that we assume any additional liability or risk.

3.6 Note according to the packaging ordinance:

According to the provisions of the Packaging Ordinance, we are obliged to take back packaging for our products that does not bear the mark of a system of comprehensive disposal (such as the Green Dot of Duales System Deutschland AG) and to ensure that it is reused or disposed of.

For further clarification of the return of such products, please contact us. We will then name 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

We reuse the packaging or dispose of it in accordance with the provisions of the Packaging Ordinance.

4. Delivery and shipping costs

Within Germany we calculate a shipping cost of 5.95 euros. The shipping costs to the Netherlands, Belgium, Luxembourg, Austria, Denmark, France, Poland, the Czech Republic and Switzerland are EUR 9.95. The shipping costs to Great Britain, Italy, Slovakia, Sweden, Slovenia, Spain, Hungary, Estonia, Bulgaria, Finland, Ireland, Croatia, Latvia, Lithuania, Norway, Portugal, Romania and Greece are 16.95 euros.

Please contact us by email ([email protected]) or call us (telephone +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 will deliver in advance, PayPal, instant transfer or direct debit. You will receive the required bank details with your order confirmation directly by email. If you do not receive an email, please check your email address and send us a message if you have problems with the contact form.

In the case of prepayment, orders will be dispatched immediately after receipt of the money. In the case of direct debit, immediate transfer or invoice, the goods will be dispatched on the day of the order if they are received by 2 p.m., otherwise the goods will be dispatched to you the next day. The shipping documents are then available for 30 days. If there are any shipping problems, claims can be made to the shipping company within 7 days of shipping.

The direct debit payment takes place when the goods have left our warehouse. For deliveries to non-EU countries, additional duties, taxes and fees apply. For more information on customs duties, see 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 times 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 is extended – even within a delay – appropriately in the event of force majeure and all unforeseen obstacles that occur after the conclusion of the contract for which we are not responsible (including but not limited to operational disruptions, strikes, lockouts or disruption to traffic routes), insofar as such obstacles can be proven to have a significant influence on the planned execution or delivery. This also applies if these circumstances occur at our pre-suppliers, sub-suppliers or subcontractors.

We will inform the customer of the beginning and end of such hindrances as soon as possible. The customer can request a declaration from us as to whether we are withdrawing from the contract or whether we want to deliver or perform within a reasonable period of time. If we do not declare ourselves immediately, the customer can withdraw. Claims for damages are excluded in these cases.

5.3 We are in no way responsible for deliveries that are delayed or omitted (impossibility) due to the fault of our sub-suppliers. However, we undertake to assign any claims for compensation against the sub-supplier to the customer.

5.4 If, after the conclusion of the contract, we become aware of facts, in particular default in payment with regard to previous deliveries, which, based on the best commercial judgement, indicate a significant deterioration in assets, we are entitled to refuse the service incumbent on us until the counter-performance has been effected or appropriate security has been provided for the goods and services provided by us performance to be rendered is performed. If we are obliged to perform in advance, we can demand appropriate security for the service to be provided by us.

In this case, we can determine a reasonable period of time, in which our contractual partner has to effect the counter-performance or the provision of the appropriate security step by step at his choice. After expiry of the period set by us, we are entitled to withdraw from the contract. In this case, partial deliveries made by us are due for payment immediately.

5.5 Partial services and partial deliveries are permissible to a reasonable extent. We can request advance payments to a reasonable extent.

5.6 If the customer does not accept the delivered goods, Medsportiv® GmbH has the right, after a grace period of two weeks has expired without result, to withdraw from the contract or to demand compensation for non-performance. If the customer refuses to accept the goods, he can exercise his right of withdrawal (by returning the item).

6. Prices/ due date/ payment/ offsetting

6.1 The prices apply in EURO plus packaging, freight and other shipping costs, as well as the applicable VAT rates.

6.2 Discounts, cash discounts, etc. require express agreement.

6.3 In our price calculations, we assume that the items on which the offer is based remain unchanged, that any necessary preparatory 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 when the goods are handed over and must be paid immediately. All payments are always used to settle the oldest due debt items plus accrued debt interest. Discounts are only granted in the case of an express contractual agreement.

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 are made less the expenses with the value date on which we can dispose of the equivalent value.

6.6 Our claims are due immediately, regardless of the term of any accepted and credited bills of exchange, if the terms of payment are not met or facts become known that indicate a significant deterioration in the customer’s financial situation

In the latter case, we are entitled to make further deliveries dependent on an advance payment or the provision of appropriate securities. We are also entitled to revoke discounts – even if they are not clearly stated on the invoice – and other benefits.

6.7 If the customer is in default of payment or does not honor a bill of exchange when it is due, we are entitled to take back the goods, if necessary to enter the customer’s premises and remove the goods. We can also prohibit the further sale and removal of the delivered goods. Unless the Consumer Credit Act applies, the return does not constitute a withdrawal from the contract.

6.8 In the cases of Sections 6.6 and 6.7, we can revoke the direct debit authorization (Section 7.6) and demand advance payments for deliveries that are still outstanding. However, the customer can avert these and the legal consequences mentioned in Section 6.7 by providing security in the amount of our endangered payment claim.

6.9 Offsetting against our claims is only permissible with undisputed or legally established counterclaims. A right of retention from previous or other transactions of the current business relationship cannot be asserted. Unilateral invoice deductions for the disposal of packaging material, especially transport packaging, are not permitted.

6.10 Medsportiv® GmbH is not obliged to make more than three delivery attempts. The resulting additional costs are to be borne by the customer.

If the customer is an entrepreneur, the following also applies:

6.11 An entrepreneur is in default at the latest if he does not pay within 30 days of receipt of the invoice or any other request for payment. If the date of receipt of the invoice or issue of payment is uncertain, the 30-day period after the due date begins with 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 § 13 BGB, he is expressly informed that the purchase price is due immediately upon receipt of the invoice. The customer is in default at the latest if he does not pay within 30 days of receipt of the invoice. Irrespective of receipt of the invoice, the 30-day period begins when the goods are received. The amount of interest on arrears results from §§ 288 Para. 1, 247 BGB.

7. Retention of title

7.1 We reserve title to the goods until the purchase price has been paid in full. In the case of goods that the customer purchases from us as part of his commercial activity, we reserve title until all of our claims from the business relationship, including future claims – including from contracts concluded at the same time or later – have been settled. This also applies if individual or all of our claims have been included in a current account and the balance has been drawn and acknowledged.

7.2 If, in connection with the payment of the purchase price by the purchaser, we establish liability for a bill of exchange, the retention of title does not expire before the bill of exchange is redeemed by the purchaser 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 under his normal terms and conditions and as long as he is not in default, provided that the claims from the resale according to Section 7.4 of our General Terms and Conditions are transferred to us. He is not entitled to other disposals of the reserved goods.

7.4 The customer assigns the claims from the resale of the reserved goods to us.

7.5 If the reserved goods are sold by the customer together with other goods not supplied by us, the claim from the resale is assigned in proportion to 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 is obliged to inform his customers immediately of the assignment to us – if we do not do this ourselves – and to give us the information and documents required for collection (e.g. names and addresses of his debtors). The purchaser is in no case entitled to further assignment of the claim (e.g. to banks).

7.7 The purchaser is only permitted to assign by way of genuine factoring provided that we are notified of this by notifying the factoring bank and the purchaser’s accounts maintained there and that the factoring proceeds exceed the value of our secured claim. Our claim becomes 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 insofar as their realizable value exceeds the claims to be secured by 20 percent.

8. Warranty/ Complaint

We are liable for defects within the meaning of Section 434 as follows:

8.1 The customer is solely liable if the execution of his order infringes the rights of third parties, in particular copyrights. The customer has to indemnify Medsportiv® GmbH from all claims of third parties due to such an infringement. Medsportiv® GmbH can request proof of the authorization to use third-party name rights or copyrights from the customer at any time.

8.2 With the form, content or intended purpose of the desired imprints, the customer must not violate statutory prohibitions, morality or the rights of third parties (rights to names, copyrights, data protection, etc.). In particular, the customer undertakes not to order any pornographic, violent or racist content as a text imprint, not to call for criminal offenses or to provide instructions for this.

8.3 Violating the form, content or intended purpose, the imprint desired by the customer, legal prohibitions, morality and the rights of third parties (name, copyright, data protection rights, etc.) does not constitute a material or legal defect that Medsportiv ® GmbH is responsible for. Claims for 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 they were in when the damage was discovered.

If the customer is an entrepreneur, the following also applies:

8.5 We are only responsible to companies for such public statements, in particular in advertising, which were caused by us. In such cases of public statements made by us, the liability only exists if the advertising actually influenced the purchase decision of the commercial customer.

8.6 In the case of justified complaints, we are entitled to determine the type of supplementary performance (replacement delivery or rectification) taking into account the nature of the defect and the legitimate interests of the customer.

8.7 Entrepreneurs’ claims for material defects become statute-barred in 12 months. This does not apply if the law stipulates a longer period in accordance with §§ 438 Paragraph 1 No. 2, 479 and § 634 Paragraph 1 No. 2 BGB. For our customers who are consumers within the meaning of § 13 BGB (see 1.3), the warranty period for used goods is 12 months. This does not apply if the law according to § 438 Section 1 No. 2 prescribes mandatory longer periods or if we are subject to mandatory liability due to other statutory provisions.

9. Cancellation policy

Consumers have a fourteen-day withdrawal.

9.1 Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.

In order to exercise your right of withdrawal, you must send us (Medsportiv GmbH, St. Jobser Strasse 53, 52146 Würselen, Germany, [email protected], telephone: 02405 426080) a clear statement (e.g. a letter sent by post or an e-mail). Mail) about your decision to revoke this contract. You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

9.2 Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs 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.

The right of withdrawal does not apply to the following contracts:

Contracts for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.

To the cancellation form

10. Claims for damages

Claims for damages and reimbursement of expenses by the customer (hereinafter claims for damages), regardless of the legal basis, in particular due to the breach of obligations arising from an obligation or tort, are excluded. This does not apply in the case of the assumption of a guarantee or a procurement risk, in the event of liability based on the Product Liability Act, in the event of injury to life, body and health of a person in the event of gross negligence or the violation of essential contractual obligations.

The claim for damages for the violation of essential contractual obligations is limited to compensation for the contractually typical, foreseeable damage, insofar as this was not caused by gross negligence or injury to life, limb or health of a person was caused. This does not involve 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 from the business relationship against us 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 residence in Germany when the action is filed or 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 as Place of jurisdiction agreed. 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 is subject to the substantive law of the Federal Republic of Germany to the exclusion of the UN sales law and international law.

12.4 If the customer is a consumer, the contract, including these GTC, is subject to the law of the country in which the consumer has his habitual residence.

13. Alternative dispute resolution according 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 willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.

Responsible is the general consumer arbitration board of the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.