Terms of service
Status: April 2023
FLEXVIT® is a brand of Flexible Sports GmbH (see imprint for data), which operates this webshop and offers its products to both companies and consumers.
General information and scope of application
These GTC apply in the context of orders placed via the flexvit.band website ("Shop") and for purchase contracts between Flexible Sports GmbH (hereinafter "FLEXVIT®" or "Seller") and the purchaser ("Customer"), subject to individual agreements and arrangements that take precedence over these GTC. Counter-confirmations by customers with reference to their own terms and conditions of use, business and/or purchase are hereby already objected to.
Should individual provisions be or become invalid, the remaining provisions shall remain valid. The ineffective regulation will be replaced by the legal regulation. With the placing of an order (order) the customer declares his agreement with our terms and conditions (GTC).
The customer is a consumer insofar as he concludes the contract for purposes that can be attributed to his private sphere. In contrast, an entrepreneur/company is any natural person, legal entity or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
Only persons with a minimum age of 18 years can order. The delivery of goods takes place only in household quantities.
These GTC are supplemented by the product information, the delivery and shipping information and the data protection information, each in its current version, available in the store.
For the offered courses and trainings in presence, which can be booked in the store, the conditions of participation for trainings apply additionally.
For all online courses that can be booked in the store, the conditions of participation for online courses also apply.
Conclusion of contract
The contract is concluded exclusively in electronic business transactions via the store. The presentation of the products in the store does not constitute a legally binding offer to conclude a contract on the part of the seller, but merely a non-binding invitation to the customer to place an order. By clicking the button "Order now with obligation to pay", the customer makes a binding offer to purchase the goods in the shopping cart (§ 145 BGB).
Upon receipt of the order, the FLEXVIT® shall send an automatic acknowledgement of receipt to the e-mail address provided by the customer. This automatic acknowledgement of receipt does not constitute acceptance of the order, but merely documents that the order has been received.
The contract with FLEXVIT® shall only come into existence when FLEXVIT® has confirmed to the customer the processing of the order, the dispatch of the goods by separate e-mail (confirmation of dispatch) or by the delivery of the goods. During this time, the customer is bound to his order.
If delivery of the ordered goods is not possible, for example because the corresponding products are not in stock, FLEXVIT® shall refrain from issuing a shipping confirmation. In this case, a contract shall not be concluded. The customer shall be informed thereof without delay and, if applicable, any consideration already received shall be refunded. In coordination with the customer service, the customer has the possibility to have the goods delivered subsequently.
Subject matter of the contract, quality and availability of goods
The subject of the contract are the goods specified by the customer within the scope of the order and the goods specified in the order and/or order confirmation at the final prices stated in the store. Errors and mistakes there are reserved, especially with regard to the availability of goods.
The condition of the ordered goods results from the product descriptions in the store. Images on the website may not reflect the products in detail (especially colors may vary for technical reasons). Pictures serve only as illustrative material. Technical data, weight, dimension and performance descriptions are given as precisely as possible. The characteristics described here do not represent any defects of the products delivered by the seller.
Products delivery
Unless otherwise agreed, the goods are delivered from the warehouse of the Seller, which is a vicarious agent, to the address specified by the Customer.
The goods will be prepared for shipment by mail or courier company immediately after receipt of payment. The standard delivery time is up to 5 business days, unless otherwise stated in the item description. Shipments abroad may differ from this.
Storage of the contract text
FLEXVIT® stores the order and the order data entered within the scope of the statutory provisions. The order data can be printed out by the customer immediately following an order in the store, if this has been placed via the button "order subject to payment". If the customer has registered as a user in the store, he can call up his order data under "My account". If he has not registered as a customer in the store and would like his order data to be transmitted, he can contact bestellung@flexvit.band by e-mail.
Prices and shipping costs
All prices are in Euro. Prices for consumers include the statutory value added tax.
For deliveries to consumers (end users) in countries of the European Union (EU), the currently valid VAT of the Federal Republic of Germany shall apply. Unless the exemption conditions of § 4 No. 1b) in conjunction with § 6 a UStG apply. In this case, the customer (entrepreneur/company) must provide his valid value added tax identification number (VAT-ID).
For orders from outside the EU, prices do not include German VAT. The country-specific import VAT as well as any customs duties and fees are to be paid by the customer and must be settled directly with the responsible offices. FLEXVIT® therefore recommends that you enquire with the responsible offices before placing an order.
All prices are retail prices, which include the applicable statutory sales tax (VAT) plus the respective shipping costs (see the "Shipping and Payment Terms" in the store), unless otherwise stated.
In designated countries, free shipping may depend on a certain minimum purchase price (e.g. Germany, Austria).
The shipping costs are stored here and are also calculated automatically during the ordering process and displayed to the customer.
Payment options
Payment for the ordered goods is made optionally by:
Shopify Payments (Shop Pay, Apple Pay, Google Pay, eps)
If a payment method offered via the payment service "Shopify Payments" is selected, the payment will be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online store. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customer may be informed separately.
More information about "Shopify Payments" is available on the Internet here.
Credit card (Visa / Mastercard / Maestro / American Express)
The debit of the credit card takes place with the completion of the order. The debit is fully automatic.
With regard to payment, the terms of use, payment and data protection of Stripe Payments Europe, Ltd. (https://stripe.com/de/legal/payment-terms) apply. Stripe reserves the right to perform a credit check and to reject this payment method in case of a negative credit check.
eps transfer
eps is only available for customers in Austria if they pay in Euro. When paying by eps transfer, the customer triggers the payment of the ordered goods via his online banking account immediately after the conclusion of the contract. After selecting the payment method eps, the customer will be redirected to the website of his bank, where he can enter his online banking access data and release the eps online transfer (e.g. by SMS/mobile TAN or digital signature). More information is available here.
Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the payment option on account as well as with the cooperation of SOFORT GmbH also the payment option of Sofortüberweisung.
Invoice
The payment term is 30 days from the date of shipment of the goods or, for seminars and trainings, from the date of successful booking. The full billing terms for the countries where this payment method is available can be found here: Germany, Austria.
The use of the payment methods invoice requires a positive credit check. In this respect, the customer's data is forwarded to Klarna for the purpose of the address and credit check as part of the purchase initiation and processing of the purchase contract. The seller can offer the customer only those payment methods that are permissible based on the results of the credit check.
Instant bank transfer
If the payment method "SOFORT" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", must legitimize himself accordingly during the payment process and must confirm the payment instruction to "SOFORT". The payment transaction will be executed immediately afterwards by "SOFORT" and the customer's bank account will be debited. More detailed information on the "SOFORT" payment method can be found by the customer on the Internet at https://www.klarna.com/sofort/.
More information and Klarna's terms of use can be found here. General information about Klarna here. Customer data will be handled by Klarna in accordance with the applicable data protection regulations and as specified in Klarna's privacy policy.
PayPal and PayPal Express
If the payment service provider "PayPal" is used, the payment will be processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed here. This requires, among other things, that the customer opens a PayPal account or already has such an account.
Prepayment
The customer can transfer the amount to the seller's account (account connection: Flexible Sports GmbH, IBAN DE05641632250403510007, BIC GENODES1VHZ)
For all three options, the ordered goods will be shipped immediately after receipt of payment.
Retention of title and right of retention
The goods shall remain the property of FLEXVIT® until they have been paid for in full (including VAT and shipping).
Consumers are not permitted to resell them before their obligations arising from the purchase have been met in full. If the customer is an entrepreneur/company, he shall be permitted to resell the goods in the ordinary course of business. He hereby assigns to FLEXVIT® the claims to which he is entitled from the resale in the amount of the invoice value of our claim. We hereby accept the assignment. The Purchaser shall remain authorized to collect the claim even after assignment. Our authority to collect the claim ourselves shall remain unaffected thereby. However, FLEXVIT® shall not collect the claim as long as the Purchaser is not in default of payment.
Property rights
FLEXVIT® reserves the industrial property rights and copyrights to all products, illustrations, contents and other documents supplied by us. Any imitation by third parties requires our special permission.
Downloads and copies of this page (store) are only permitted for private, non-commercial use. Insofar as the content on this site was not created by FLEXVIT®, the copyrights of third parties are respected. In particular, third-party content is identified as such. Should the user of the site nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately or mark it accordingly.
Legal right of withdrawal and voluntary right of return
If the customer acquires the goods for private purposes, i.e. for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (consumer), he is entitled to a statutory right of revocation in accordance with §§ 312g, 355 BGB, the provisions of which can be retrieved separately in the store (https://flexvit.band/widerrufsrecht-widerrufsformular/).
In order to exercise your right of withdrawal, the customer must inform the seller by means of a clear declaration (e.g. a letter sent by post, telephone, fax or e-mail) of his decision to withdraw from this contract. For this purpose, he may use the enclosed model withdrawal form, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that the customer sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Deficiencies
If the goods are defective, the customer shall have the claims provided for by law, subject to Clause 8. If the customer receives goods with defects despite comprehensive checks, our customer service will be happy to help at bestellung@flexvit.band.
Liability
Claims of the customer for damages shall be excluded unless otherwise provided for in the following.
This shall also apply to the representatives and vicarious agents of FLEXVIT® if the customer asserts claims for damages against them. Excluded are claims for damages of the customer due to injury to life, body, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the seller or his legal representative or vicarious agent.
Improvements and changes
FLEXVIT® reserves the right to make product changes which, in our view, serve to improve quality, even without prior notice. Minor deviations from descriptions and illustrations are possible.
Warranty
Liability for defects shall be governed by the statutory provisions. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
Take-back and recovery of packaging not subject to system requirements
FLEXVIT® is obligated to take back and recycle packaging that is not subject to system requirements in accordance with the provisions of the German Packaging Act (VerpackG). We are happy to comply with this obligation. Please send us a return note to this effect to bestellung@flexvit.band.
Privacy
FLEXVIT® collects and uses the personal data provided (such as name, address and e-mail address) in accordance with the provisions of applicable data protection law. More detailed information on this can be found in our data protection declaration under Data protection.
Applicable law, place of jurisdiction and contractual language
The place of performance for all services arising from the business relations with us and the place of jurisdiction shall be the registered office of FLEXVIT® if the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer is not domiciled within the European Union. We are entitled to take legal action at the general place of jurisdiction of the customer.
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In dealings with end consumers within the European Union, the law of the end consumer's place of residence may also be applicable, provided that it is mandatory consumer law provisions.
The contract language is exclusively German.
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Conditions of participation for trainings, courses and seminars
Status: April 2023
General information and scope of application
These Terms and Conditions of Participation shall apply in addition to the GTC for orders for training, courses and other seminars (hereinafter "Seminars") placed via this website www.flexvit.band ("Shop") ("Registration") and for purchase contracts between Flexible Sports GmbH (hereinafter "FLEXVIT®") and the orderer ("Participant"), subject to individual agreements and arrangements, which shall take precedence over these Terms and Conditions of Participation.
By registering, the customer expressly accepts these conditions of participation.
Registration and conclusion of contract
Registrations are to be made in writing, by telephone or online. Registrations will be considered in the order in which they are received.
A contract for participation in seminars is only concluded after the registration has been confirmed to the participant. The confirmation can be made in writing or by e-mail. Changes or additions to the contract must be made in writing.
If a registration is made by the participant at such short notice that a confirmation of registration is no longer possible, the contract shall be deemed concluded if the registration is confirmed to the participant in another suitable manner, the participant accepts the service without reservation or FLEXVIT® begins with the performance of the service. In this respect, the participant agrees to the immediate performance of the service before the expiry of the statutory revocation obligation of two weeks.
FLEXVIT® reserves the right to refuse registration for a seminar without giving reasons.
Minors require the written consent of their legal guardian to participate in a seminar.
Service description and changes of the seminar offer
The content and implementation of the seminar are based on the published service description. This service description is part of the contract.
FLEXVIT® is entitled to make changes for technical reasons, such as the need for updates or further developments, provided that this does not change the essential character of the seminar. FLEXVIT® reserves the right to change the place and time of the announced seminar insofar as this is reasonable for the participant.
FLEXVIT® further reserves the right to replace the announced speaker with an equally qualified one if this should become necessary for good cause due to illness or other hindrance.
In such cases, FLEXVIT® will endeavor to inform the participant of the changes in a timely manner.
Cancellation and rescheduling of seminars by FLEXVIT®
FLEXVIT® reserves the right to cancel seminars for economic or organizational reasons. In this case, FLEXVIT® will notify the participant as early as possible in writing, by fax or by e-mail. If this is no longer possible for time reasons, notification may also be made verbally.
FLEXVIT® will refund seminar fees already paid by the participant if the seminar is cancelled.
Further claims, regardless of their nature, as well as the reimbursement of futile expenses (such as cancellation or rebooking fees for means of travel or accommodation booked by the participant) are excluded.
If a seminar is postponed to a later date due to a low number of participants, the contractual partner will be informed in writing, online or by telephone at least 7 days before the original seminar and an alternative date will be offered.
Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:
For the settlement of disputes in online commerce between consumers and traders (sellers), the EU Commission has established a platform (the so-called ODR platform). This platform and further information can be accessed via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm
FLEXVIT® is willing to participate in an out-of-court conciliation procedure.