General Terms and Conditions

1. scope of application

1.1 Within the framework of the Bestvital® products store, the following General Terms and Conditions apply in the version valid at the time of the order.

1.2 General terms and conditions of the customer are hereby expressly rejected. Verbal agreements have not been made.

1.3 Consumers in the sense of our General Terms and Conditions are of course persons who conclude legal transactions for purposes which can be attributed neither to their commercial nor to their independent professional activity (§ 13 BGB).

1.4 Entrepreneurs in the sense of our General Terms and Conditions are legal entities 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-produkte.de is the Internet portal of:

Medsportiv® GmbH
Wolfgang Hackhausen (Managing Director)
St. Jobser Strasse 53
52146 Würselen
Germany
Telephone +49 (0)2405 42 608 0
Fax +49 (0)2405 42 608 34
info@medsportiv.com

1.6 Minimum order value

We do not have a minimum order value. You are welcome as a customer, whether you order one item or several.

1.7 The contract language is German.

2. Offer, conclusion and invoicing

2.1 At www.bestvital-produkte.de the customer can order online around the clock, even on weekends. The presentation of the products in the online store is not a legally binding offer, but a non-binding online catalog. By clicking the "buy" button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order together with the acceptance of the order immediately after sending by automated e-mail. With this e-mail confirmation, the purchase contract is concluded.

2.2 Obvious errors, typographical errors. 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 retroactively. In this case we grant the orderer an immediate right of withdrawal if he should not agree with the new price, as far as the delivered product is not an item manufactured on special request of the orderer. The rights of the purchaser under the right of withdrawal shall remain unaffected.

2.3 We store the text of the contract and send you the order data by e-mail. Your past order data are no longer accessible via the Internet after dispatch for security reasons.

2.4 Unless otherwise agreed, samples and specimens shall be regarded as approximate illustrative pieces for quality, dimensions and colors.

2.5 Invoices to the customer shall preferably be sent by e-mail. The customer shall be provided with the invoice in a form that can be easily printed out.

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

If the customer is an entrepreneur, the following shall also apply:

2.7 Towards entrepreneurs, we shall only be liable for such public statements, in particular in advertising, which have been initiated by us or to which we have expressly referred upon conclusion of the contract; in such cases of public statements initiated by us, the obligation to indemnify shall only exist if this has actually influenced the purchase decision of the commercial purchaser.

3. Shipping, transfer of risk, packaging

3.1 The route and means of dispatch shall be at our discretion. The packaging shall not be carried out item by item, but exclusively according to transport, production and environmental aspects. The packaging length shall always be determined by the larger dimension of the unit.

For entrepreneurs the following regulations of points 3.2 up to and including 3.5 shall also apply.

3.2 Our deliveries shall be ex warehouse or ex works. The risk shall pass to the Purchaser when the goods are handed over to the carrier - irrespective of whether the carrier is commissioned by the Purchaser, the manufacturer or by us. This shall also apply to partial and carriage paid deliveries. In the case of deliveries by our vehicles, the risk shall pass to the Purchaser as soon as the goods are made available at the location specified by the Purchaser.

3.3 If the shipment is delayed due to the request or fault of the purchaser, the goods shall be stored at the expense and risk of the purchaser. In this case, notification of readiness for dispatch shall be deemed equivalent to dispatch. Upon storage, the invoice for the goods shall become due immediately.

3.4 If the goods are transported by our own vehicle or by 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 wagon. If, in the opinion of the deliverer, the access road is not passable, the handover shall take place at the place where a proper approach and departure of the vehicle is guaranteed.

3.5 If, in deviation from the contractual agreements, the Purchaser requires assistance with unloading (including unloading equipment), onward transport or insertion, this effort shall be invoiced additionally. However, assistance with this work does not imply any assumption of additional liability or risk.

3.6 Notice in accordance with the Packaging Ordinance:

According to the regulations of the Packaging Ordinance, we are obliged to take back packaging of our products that does not bear the mark of a system of nationwide disposal (such as the Green Dot of Duales System Deutschland AG) and to ensure its reuse or disposal.

For further clarification on the return of such products, please contact us. 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 returning the packaging to us.

Medsportiv® GmbH
St. Jobser Strasse 53
52146 Würselen
Germany

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

4. delivery and shipping costs

Medsportiv® GmbH charges a delivery fee of 3.95 Euro within Germany.

The shipping costs to Belgium, Luxembourg, the Netherlands and Austria are 6.95 euros.
The shipping costs to Denmark and Switzerland are 7,95 Euro.

Please contact us by e-mail (info@medsportiv.com) 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 via prepayment, PayPal, Sofortüberweisung 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 stored email address and send us a message in case of problems with the contact form.

Orders will be shipped immediately after receipt of payment. In the case of direct debit, instant bank transfer or invoice, the goods will be shipped on the same day as the order, provided it is received by 14.00, otherwise the goods will be shipped to you the next day. The shipping receipts will be available for 30 days thereafter. In case of any shipping problems, claims can be made to the shipping company within 7 days of shipment.

The direct debit payment is made when the goods have left our warehouse. For deliveries to non-EU countries, additional duties, taxes and fees will apply. You can find more information about customs duties for example at http://ec.europa.eu/taxation_customs/index_de.htm and about import sales tax at http://auskunft.ezt-online.de/ezto/Welcome.do and especially for Switzerland at http://xtares.admin.ch/tares/login/loginFormFiller.do

5. delivery periods and delay

5.1 Please refer to our delivery periods in the notes in the respective product descriptions.

5.2 An execution or delivery period shall be reasonably extended - even within a delay - in the event of force majeure and all unforeseen hindrances occurring after conclusion of the contract for which we are not responsible (in particular also operational disruptions, strikes, lockouts or disruption of traffic routes), insofar as such hindrances demonstrably have a considerable influence on the intended execution or delivery. This shall also apply if these circumstances occur at our suppliers, sub-suppliers or sub-contractors.

We shall inform the Purchaser of the beginning and end of such hindrances as soon as possible. The purchaser 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 make such a declaration without delay, the customer may withdraw from the contract. Claims for damages shall be excluded in such cases.

5.3 We shall in no case be liable for deliveries delayed or not made (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 prudent business judgment, indicate a significant deterioration in our assets, we shall be entitled to refuse the performance incumbent upon us until counter-performance has been effected or adequate security has been provided for the performance to be rendered by us. If we are obligated to advance performance, we may demand reasonable security for the performance to be rendered by us.

In this case, we may set a reasonable period of time within which our contracting party shall, at its option, concurrently effect the counter-performance or provide the reasonable 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 performance and partial deliveries shall be permissible to a reasonable extent. We may demand partial payments to a reasonable extent.

5.6 If the customer does not accept the delivered goods, Medsportiv® GmbH shall be entitled to withdraw from the contract or to claim damages for non-performance after the fruitless expiry of a grace period of two weeks. By not accepting goods, the customer can exercise his right of withdrawal (by returning the item).

6. Prices/ Due date/ Payment/ Offsetting

6.1 Prices are in EURO plus packaging, freight and other shipping costs, as well as the applicable VAT rates.

6.2 Rebates, discounts, etc. shall require express agreement.

6.3 Our price calculations are based on the assumption that the items on which the offer is based remain unchanged, that any necessary preparatory work has already been carried out in full and that we can provide our services in one go - without hindrance.

6.4 All payments (in particular the purchase price) shall be due and payable immediately upon delivery of the goods at the latest. All payments shall always be used to settle the oldest debt items due plus any debt interest accrued thereon. Discounts shall only be granted in the event of an express contractual agreement.

6.5 Payments in the so-called check/bill of exchange procedure shall always require a special written agreement. Credit notes for bills of exchange and checks shall be made less expenses with 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 if facts become known which indicate a substantial deterioration in the assets of the customer.

In the latter case, we shall be entitled to make further deliveries dependent on advance payment or the provision of corresponding securities. We shall also be entitled to revoke discounts - even if they are not openly shown 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 due, we shall be entitled to take back the goods, if necessary to enter the customer's premises and to 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 shall not constitute a rescission of 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. The customer may, however, avert these and the legal consequences referred to in Section 6.7 by providing security in the amount of our endangered claim for payment.

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

6.10 Medsportiv® GmbH shall not be 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 issuance of the payment is uncertain, the 30-day period after the due date shall commence upon receipt of the performance.

If the Purchaser is a consumer, the following shall further apply:

6.12 If the Purchaser is a consumer within the meaning of § 13 of the German Civil Code (BGB), the Purchaser shall be expressly informed that the purchase price is due immediately upon receipt of the invoice. The Purchaser shall be in default at the latest if it does not make payment within 30 days of receipt of the invoice. Regardless of the receipt of the invoice, the 30-day period begins with the receipt of the goods. The amount of the default interest results from §§ 288 Abs. 1, 247 BGB.

7. retention of title

7.1 We retain 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 shall retain title 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 accepted.

7.2 If, in connection with the payment of the purchase price by the customer, a liability on the basis of a bill of exchange is established by us, the reservation of title shall not expire before the bill of exchange has been honored by the customer as drawee.

7.3 The customer shall inform us immediately of any seizure by third parties of the goods subject to retention of title and the assigned claims. He may only sell the goods subject to retention of title in the ordinary course of business under his normal terms and conditions of business 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 shall not be entitled to dispose of the reserved goods in any other way.

7.4 The customer shall assign to us the claims arising from the resale of the goods subject to retention of title.

7.5 If the goods subject to retention of title are sold by the customer together with other goods not supplied by us, the claim 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 shall be entitled to collect claims arising from the resale unless we revoke the collection 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 (e.g. names and addresses of his debtors) required for collection. The customer shall not be entitled to further assignment of the claim under any circumstances (e.g. to banks).

7.7 The Purchaser shall only be permitted to assign by way of genuine factoring on condition that we are notified thereof and are informed of the factoring bank and the accounts of the Purchaser maintained there and that the factoring proceeds exceed the value of our secured claim. Our claim shall become due immediately upon crediting of the factoring proceeds.

7.8 At the request of the Purchaser, 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/ Complaint

We shall be liable for defects within the meaning of § 434 as follows:

8.1 The customer shall be 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 that it is entitled to use third-party rights to a name or copyrights.

8.2 The form, content or purpose of the imprints requested by the customer must not violate legal prohibitions, morality or the rights of third parties (rights to names, copyrights, data protection rights, etc.). In particular, the Customer undertakes not to order any pornographic, violence-glorifying or inciting contents as text imprint, not to incite to criminal acts or to present instructions for such.

8.3 If the form, content or purpose of the imprints requested by the Customer violate legal prohibitions, morality or the rights of third parties (name rights, copyrights, data protection rights, etc.), this shall 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 shall not exist.

8.4 In the event of transport damage, the goods shall be left in the condition in which they were when the damage was detected.

If the customer is an entrepreneur, the following shall also apply:

8.5 With respect to companies, we shall only be liable for such public statements, in particular in advertising, which have been initiated by us. In such cases of public statements initiated by us, the obligation to indemnify shall only exist 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 material defect claims of entrepreneurs shall become statute-barred after 12 months. This shall not apply if a longer period is prescribed by law 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 for used goods under sales law shall be 12 months. This shall not apply insofar as the law pursuant to § 438 para. 1 no. 2 mandatorily prescribes longer periods or we are mandatorily liable on the basis of other statutory provisions.

9. Cancellation policy

9.1 Right of withdrawal

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

To exercise your right of withdrawal, you must inform us (Medsportiv GmbH, St. Jobser Strasse 53, 52146 Würselen, Germany, info@medsportiv.com, Phone: 02405 426080, Fax: 02405 4260834) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

9.2 Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will 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 the condition, properties and functioning of the goods.

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 cancellation form

10. claims for damages

Claims for damages and reimbursement of expenses of 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, shall be excluded. This shall not apply in cases of the assumption of a guarantee or a procurement risk, in the case of liability on the basis of the Product Liability Act, in the case of injury to life, body and health of a person in the case of gross negligence or the breach of essential contractual obligations.

The claim for damages for the violation of essential contractual obligations is limited to the compensation of the contract-typical, foreseeable damage, as far as this was not caused by gross negligence, or an injury of life, body or health of a person was caused. A change of the burden of proof to the disadvantage of the customer is not connected with this.

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 domicile or usual place of residence in Germany at the time the action is filed or if this is 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 shall be agreed as the place of jurisdiction. This shall apply to all disputes arising from the contractual relationship.

12.2 However, we shall be entitled to sue the plaintiff at his place of jurisdiction.

12.3 Insofar as the Purchaser 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 Insofar as 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 (1) ODR Regulation 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 conciliation procedure before a consumer arbitration board.

Responsible is the general consumer arbitration board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.