Terms & Conditions
1. GENERAL
(1) These Terms and Conditions shall apply to all contracts, deliveries and other services of myostyle GmbH, Darmstädter Landstraße 125, 60598 Frankfurt am Main (hereinafter: “Seller”), vis-à-vis its customers concerning the sale of goods via the online shop at www.myostyle.de as well as all sub-domains belonging to the domain. Deviating provisions of the customers shall not apply unless the Seller has expressly confirmed this in writing.
(2) The business relations between the seller and the customers are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The application of UN sales law is excluded.
(3) Agreements made with the customer in individual cases (including ancillary agreements, supplements and amendments) shall in all cases take precedence over these Terms and Conditions.
(4) The contractual language is German. The authoritative text is that which is written in the German language. Texts in other languages are for information purposes only.
(5) In the online shop, the customer can call up and print out the order overview and the General Terms and Conditions. In all other respects, the text of the contract is stored by the seller in the online shop after the conclusion of the contract.
(6) The place of jurisdiction is Frankfurt am Main, Germany, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law.
(7) Customers who are consumers have the option of using alternative dispute resolution. The following link of the EU Commission (also known as the ODR platform) contains information about online dispute resolution and serves as a central contact point for the out-of-court settlement of disputes arising from online purchase contracts: http://ec.europa.eu/consumers/odr.
(8) Duty to provide information pursuant to the Consumer Dispute Resolution Act (§ 36 VSBG): The Seller is neither willing nor obliged to participate in further dispute resolution proceedings before a consumer arbitration board.
2. CONTENT OF THE CONTRACT AND CONCLUSION OF THE CONTRACT
(1) The Seller offers its customers various new goods, in particular EMS training systems and training suits, for sale in its online shop www.myostyle.de. The Seller’s offers are directed at customers worldwide; there are no delivery restrictions.
(2) The purchase contract is concluded in the online shop as follows:
If the customer has chosen the payment method “Purchase on account with PayPal”, the purchase contract is concluded at the time when the seller irrevocably assigns his claim to the payment service provider PayPal.
If the customer has chosen the payment method “credit card”, the contract is concluded at the time the credit card is charged.
In the other cases, the purchase contract is concluded upon acceptance of the customer’s order by the seller. The Seller is entitled to accept the offer contained in the order within 3 working days by sending an order confirmation.
Before submitting a binding order by clicking on the button “order subject to payment”, the customer can view and correct all entries on an ongoing basis using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding submission of the order and can also be viewed and corrected there using the usual keyboard and mouse functions or, if applicable, touch screen functions.
After submission of the order, the Seller will confirm receipt immediately by e-mail. This confirmation does not yet constitute acceptance of the application.
(3) With the notification of the conclusion of the contract, the customer receives the text of the contract and these General Terms and Conditions, as well as the cancellation policy.
(4) A customer also has the option of enquiring with the Seller about a particular item by telephone or by e-mail or letter. Upon receipt of such an enquiry, the Seller shall separately submit an offer to the Customer by e-mail or letter. A contract is only concluded when the customer accepts this offer.
3. PRICES, VALUE ADDED TAX AND PAYMENT
(1) The prices stated in the online shop include the statutory value added tax and do not include shipping and packaging costs, which will be notified to the customer before the order or offer is submitted. The amount of the shipping costs depends on the weight and dimensions of the goods, the type of goods as well as the desired destination and the order value. An overview of the shipping costs is provided in the online shop.
(2) The delivery to the customer by the Seller is carried out according to the wishes of the customer against advance payment (bank transfer, payment by PayPal, by credit card) or against cash on delivery, on account, or by cash payment upon collection.
(3) In the case of the payment method “Purchase on account via PayPal”, an address and creditworthiness check is first carried out by PayPal. If, on the basis of the address and creditworthiness check by PayPal, the purchase on account is not rejected by PayPal, the Seller shall assign his claim for payment of the purchase price to PayPal. Further information can be viewed here: https://www.paypal.com/de/webapps/mpp/ua/ppkar-tnc.
(4) If the customer chooses prepayment, payment is due no later than 7 calendar days after conclusion of the contract. In the case of delivery on account, payment is due no later than 7 calendar days after receipt of the invoice. If payment is made by cash on delivery, the purchase price plus shipping costs and cash on delivery charges shall be due upon delivery and presentation of the cash on delivery slip by the commissioned transport company.
(5) If a customer defaults on his payment obligations, the Seller may claim damages in accordance with the statutory provisions.
(6) The Seller shall always issue an invoice to the Customer, which shall be handed over to the Customer upon delivery of the goods or otherwise received in text form.
4. DELIVERY AND TRANSFER OF RISK
(1) Unless otherwise agreed in the contract, the ordered goods shall be delivered to the address specified by the customer. Delivery shall be made from the Seller’s warehouse.
(2) The availability of the individual goods is indicated in the item descriptions. Unless otherwise stated in the item description, the delivery period for goods in stock is 7 calendar days from the conclusion of the contract (in the case of advance payment by bank transfer: 7 calendar days from the instruction of payment by the customer).
(3) The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person designated to carry out the shipment.
5. RETENTION OF TITLE, RIGHTS OF RETENTION
(1) The delivered goods shall remain the property of the Seller until full payment is made; in the event that the Customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the current business relationship until all claims to which the Seller is entitled in connection with the contract have been settled.
(2) The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by the Seller. In the event of defects in the delivery, the customer’s counter rights shall remain unaffected, in particular his right to retain an appropriate part of the purchase price in relation to the defect. Furthermore, the customer is entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
6. WARRANTY AND LIABILITY
(1) The Seller shall be liable for material defects and defects of title in accordance with the statutory provisions.
(2) The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. He shall also be liable for the slightly negligent breach of essential contractual obligations (obligations whose breach jeopardises the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and whose fulfilment the customer regularly relies on), but in each case only for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than the aforementioned.
(3) The limitations of liability in the preceding paragraph shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(4) If the Seller’s liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.
7. FOR ATTENTION IN THE EVENT OF TRANSPORT DAMAGE
(1) If goods are delivered with obvious damage to the packaging or the contents, the customer should immediately complain to the carrier/freight service without prejudice to his warranty rights and immediately contact the seller by e-mail or by other means (telephone/mail) so that the Seller can safeguard any rights against the carrier/freight service.
(2) The customer shall report hidden defects to the Seller – also without prejudice to any warranty rights – immediately after discovery so that any warranty claims against third parties can be safeguarded.
8. DATA PROTECTION
The Seller collects, processes and uses personal data in accordance with its data protection declaration and the statutory provisions.
Status: 11/03/2022