Terms and Conditions

General Terms and Conditions

1. SCOPE

The following general terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to their commercial or self-employed professional activity. An entrepreneur is a natural or legal person or a legally recognized partnership that, when entering into a legal transaction, acts in the course of their commercial or self-employed professional activity.

In relation to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.

2. CONTRACTING PARTIES, FORMATION OF THE CONTRACT, OPTIONS FOR CORRECTION

The contract of purchase is concluded with b-ecom force GmbH.

By listing products in the online shop, we make a binding offer to conclude a contract for these items. You can initially add our products to the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive another confirmation by email.

For deliveries to Switzerland and Liechtenstein, the contract of purchase is concluded between the buyer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 MWST). It also handles customs clearance, invoicing, and delivery in Switzerland and Liechtenstein. This service is included in the purchase price and any calculated shipping costs. For the sake of transparency, we inform you that MeinEinkauf GmbH in DE-Konstanz (DE285677365) is also part of the commercial chain to ensure smooth delivery to Switzerland and Liechtenstein. This does not incur any additional costs for the buyer.

Orders and Delivery Restrictions

Orders can only be placed within the delivery areas offered in the ordering process. Any delivery restrictions and applicable shipping costs will be displayed to the customer before completing the order. Should an ordered item exceptionally not be available after the contract is concluded, we will inform the customer immediately. The customer's statutory rights remain unaffected.

3. CONTRACT LANGUAGE, STORAGE OF THE CONTRACT TEXT

The language(s) available for concluding the contract: German

We store the contract text and send you the order data and our general terms and conditions in text form. For security reasons, the contract text is no longer accessible via the internet.

4. DELIVERY CONDITIONS

We deliver free of charge.

We only deliver by shipping. Unfortunately, self-collection of the goods is not possible.

We do not deliver to parcel lockers.

Shipping Service Provider and Shipment Tracking

Our goods are generally shipped via the shipping service provider DHL. After the order has been shipped, the customer will receive a shipping confirmation by email with a tracking number, using which the current shipping status can be tracked online.

Lost Parcels and Investigation

If a shipment does not arrive at the customer's address, delivery is unusually delayed, or the shipment cannot be located despite a delivery confirmation, the customer will be asked to contact our customer service at info@fitorb.de.

In this case, we will initiate an investigation with the shipping service provider and examine the facts. The customer will be informed of any significant developments. In the event of a lost parcel, a replacement delivery or refund will be provided within the framework of statutory provisions. The customer's statutory claims remain unaffected during an ongoing investigation.

Transport Damage

If a shipment arrives damaged, the customer will be asked to inform us as soon as possible and, if possible, provide photos of the packaging and the damaged goods.

A failure to report damage or a delayed report has no effect on the customer's statutory warranty rights.

Transport Risk

For consumers, we bear the transport risk until the goods are properly handed over in accordance with statutory provisions. All statutory consumer rights remain unaffected.

5. PAYMENT

In our shop, the following payment methods are generally available to you:

Credit card

During the ordering process, you will enter your credit card details. Your card will be charged immediately after submitting the order.

PayPal, PayPal Express

To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after submitting the order. Further information will be provided during the ordering process.

Sofort by Klarna

To pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account enabled for online banking, authenticate yourself accordingly, and confirm the payment instruction. Your account will be charged immediately after submitting the order. Further information will be provided during the ordering process.

Google Pay

To pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be carried out immediately after submitting the order. Further information will be provided during the ordering process.

Apple Pay

To pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be carried out immediately after submitting the order. Further information will be provided during the ordering process.

Klarna

In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information is available for the respective payment option and during the ordering process.

Purchase on account via Klarna

The invoice amount is due 14 days after the goods have been shipped and the invoice has been received.

6. RIGHT OF REVOCATION

Consumers have the statutory right of revocation as described in the revocation policy. No voluntary right of revocation is granted to entrepreneurs.

7. RESERVATION OF TITLE

The goods remain our property until full payment has been received.

For entrepreneurs, in addition: We reserve the title to the goods until all claims arising from an ongoing business relationship have been fully settled. You may resell the reserved goods in the ordinary course of business; you shall assign to us all claims arising from this resale – regardless of whether the reserved goods are combined with or mixed with a new item – in the amount of the invoice amount in advance, and we accept this assignment. You remain authorized to collect the claims, but we may also collect the claims ourselves if you fail to meet your payment obligations. We will release the securities due to us at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. WARRANTY AND GUARANTEES

8.1 LIABILITY FOR DEFECTS

Unless expressly agreed otherwise below, statutory liability for defects applies.

The following limitations and shortened periods do not apply to claims for damages caused by us, our legal representatives, or our vicarious agents

* in the event of injury to life, body, or health

* in the event of intentional or grossly negligent breach of duty, as well as fraudulent misrepresentation

* in the event of a breach of essential contractual obligations, the fulfillment of which is necessary to enable the proper performance of the contract and on whose observance the contracting party may normally rely (cardinal obligations)

* within the scope of a guarantee promise, insofar as agreed, or

* insofar as the scope of the Product Liability Act permits.

Limitations for entrepreneurs

In relation to entrepreneurs, only our own statements and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the specifications of the goods; we assume no liability for the manufacturer's public statements or other advertising claims. For entrepreneurs, the limitation period for defect claims for newly manufactured goods is one year from the transfer of risk.

The statutory limitation periods for the recourse claim under Section 445a of the German Civil Code (BGB) remain unaffected.

Provisions for merchants

Among merchants, the duty to inspect and notify defects under Section 377 of the German Commercial Code (HGB) applies. If you fail to provide the notification required therein, the goods shall be deemed accepted, unless the defect was not detectable upon inspection. This does not apply if we have fraudulently concealed a defect.

8.2 GUARANTEES AND CUSTOMER SERVICE

Information on any additional guarantees that may apply and their exact conditions can be found for each product and on special information pages in the online shop.

9. LIABILITY

For claims for damages caused by us, our legal representatives, or our vicarious agents, we shall always be liable without limitation

* in the event of injury to life, body, or health,

* in the event of intentional or grossly negligent breach of duty,

* within the scope of a guarantee promise, insofar as agreed, or

* insofar as the scope of the Product Liability Act permits.

In the event of a breach of essential contractual obligations, the fulfillment of which is necessary to enable the proper performance of the contract and on whose observance the contracting party may normally rely (cardinal obligations), through slight negligence on our part, our legal representatives, or our vicarious agents, liability is limited to the damage foreseeable at the time of concluding the contract, which must typically be anticipated.

All other claims for damages are excluded.

11. DISPUTE RESOLUTION

The European Commission provides an online dispute resolution (ODR) platform, which you can find here [https://ec.europa.eu/consumers/odr/]. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board, nor are we prepared to do so.

General terms and conditions created with the Trusted Shops [https://legal.trustedshops.com/] legal text generator in cooperation with FÖHLISCH Rechtsanwälte [https://foehlisch.com].