Terms and Conditions of www.myostyle.de
1. General Provisions
(1) These Terms and Conditions apply to all contracts, deliveries, and other services provided by myostyle GmbH, Darmstädter Landstraße 125, 60598 Frankfurt am Main (hereinafter referred to as “myostyle”) to its customers, particularly regarding the sale and rental of goods/products via the online shop at www.myostyle.de, including all associated subdomains. Any differing terms and conditions of the customer shall not apply unless expressly confirmed in writing by myostyle.
(2) The business relationship between myostyle and the customer shall be governed by the laws of the Federal Republic of Germany. In the case of consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
(3) Individual agreements made with the customer (including side agreements, supplements, and amendments) shall take precedence over these Terms and Conditions.
(4) The contractual language is German. The legally binding version of the Terms and Conditions is the German text. Any translations are provided for informational purposes only.
(5) Customers may view and print the order summary and Terms and Conditions from the online shop. The contract text is saved by myostyle after conclusion of the contract.
(6) The place of jurisdiction is Frankfurt am Main, Germany, if the customer is a merchant, a legal entity under public law, or a special fund under public law.
(7) Consumers have the opportunity to participate in an alternative dispute resolution process. The following link to the EU Commission (also known as the OS platform) provides information on online dispute resolution and serves as a central point for the out-of-court resolution of disputes arising from online sales contracts: http://ec.europa.eu/consumers/odr.
(8) Information obligation in accordance with § 36 VSBG (German Consumer Dispute Resolution Act): myostyle is neither willing nor obliged to participate in any further dispute resolution proceedings before a consumer arbitration board.
2. Contractual Content and Conclusion
(1) myostyle offers various products, particularly EMS training systems and training suits, for sale and/or rental via the online shop at www.myostyle.de. These offers are available to customers worldwide; there are no delivery restrictions.
(2) Sales and/or rental contracts via the online shop are concluded as follows:
a. For purchases:
- If the customer chooses "Purchase on account with PayPal", the purchase contract is concluded when myostyle irrevocably assigns the payment claim to PayPal.
- If the customer chooses "Credit Card", the contract is concluded at the time the credit card is charged.
- In all other cases, the contract is concluded upon acceptance of the customer’s order by myostyle. myostyle may accept the offer within 3 business days by sending an order confirmation.
Before submitting a binding order by clicking the “Place order with obligation to pay” button, the customer may review and correct all entries using standard keyboard and mouse functions. Additionally, all inputs are displayed again in a confirmation window before the order is submitted and can be corrected there.
After submitting the order, myostyle will confirm receipt by email. This confirmation does not constitute acceptance of the contract.
b. For rentals:
Currently, rental contracts cannot be concluded directly via the online shop. A rental contract is established once the customer has provided all required data, including SEPA mandate details, signed the rental agreement along with myostyle, and deposited the required security deposit with myostyle. If the deposit is paid by bank transfer, the contract is only deemed concluded once the full amount has been received.
(3) Upon confirmation of contract conclusion, the customer receives the contract text, these Terms and Conditions, and the cancellation policy.
(4) Customers may also inquire by telephone, email, or letter about specific products. myostyle will then provide an individual offer in writing. A contract is only concluded if the customer accepts the offer in text form and myostyle confirms the contract in text form. Without such confirmation, no contract shall be concluded.
3. Prices, VAT, and Payment
(1) All prices stated in the online shop and in rental or purchase agreements include applicable VAT and are subject to additional shipping and packaging costs, which are disclosed prior to placing an order or concluding a contract. Shipping costs depend on the weight, dimensions, type of product, destination country, and order value. A shipping overview is available in the shop.
(2) Delivery is made according to the customer’s chosen payment method: prepayment (bank transfer, PayPal, credit card), cash on delivery, invoice, or cash on collection. Rental contracts are subject to their respective payment terms.
(3) For “Purchase on account via PayPal”, an address and credit check is performed by PayPal. If not rejected, myostyle assigns the claim to PayPal. Details are available at: https://www.paypal.com/de/webapps/mpp/ua/ppkar-tnc .
(4) If prepayment is selected, payment is due within 7 calendar days of contract conclusion. For payment by invoice, payment is due within 7 calendar days of invoice receipt. For cash on delivery, payment including shipping and COD fees is due upon delivery.
(5) If the customer defaults on payment, myostyle may claim damages in accordance with legal provisions and/or terminate ongoing contracts extraordinarily.
(6) The customer will receive an invoice with the product delivery or in written form.
4. Delivery and Transfer of Risk
(1) Ordered goods are delivered to the address provided by the customer unless agreed otherwise.
(2) Product availability is specified in item descriptions. In-stock products are shipped within 7 calendar days after contract conclusion (or after receipt of payment in case of prepayment), unless otherwise specified.
(3) The risk of accidental loss or deterioration passes to the customer upon delivery. If the customer is a business, the risk passes upon handover to the carrier.
5. Retention of Title and Rights of Retention
(1) Delivered goods remain the property of myostyle until full payment is received. If the customer is a public-law entity or a business, this applies until all claims arising from the business relationship are settled. Customers do not acquire ownership of rented products.
(2) Customers may only offset claims if legally recognized, undisputed, or acknowledged by myostyle. A right of retention may only be exercised for claims arising from the same contractual relationship.
6. Warranty and Liability
(1) myostyle is liable for material and legal defects according to statutory provisions.
(2) myostyle is fully liable for damages caused by willful intent or gross negligence. myostyle is also liable for slight negligence in breaching essential contractual obligations, but only for foreseeable, typical damages.
(3) These limitations do not apply in cases of injury to life, body, or health, for guarantees, or for fraudulent concealment of defects. Liability under the Product Liability Act remains unaffected.
(4) The same limitations apply to the personal liability of employees, representatives, and agents of myostyle.
7. Notes on Transport Damages
(1) If goods are delivered with obvious transport damage, customers are requested to report this immediately to the carrier and notify myostyle to preserve any claims.
(2) Hidden damages should be reported to myostyle as soon as discovered to preserve warranty claims.
8. Data Protection
myostyle collects, processes, and uses personal data in accordance with its privacy policy and legal regulations.
Status: 28/03/2025