General Terms and Conditions

Important notice:

We are currently working on the English language version of our website. We would like to point out that the content on this page has so far only been translated by machine and therefore we cannot guarantee that all information on this page is correct. In case of doubt, the German version applies.

Status: May 2017

FLEXVIT is a brand of Flexible Sports GmbH (see data www.flexvit.band/impressum), which operates this webshop and offers its products to companies as well as consumers.

General information and scope of application

These terms and conditions apply to orders placed through this website www.flexvit.band (“Shop”) and to purchase contracts between Flexible Sports GmbH (hereinafter referred to as “Seller”) and the customer (“Customer”), subject to individual agreements and arrangements that take precedence over these terms and conditions. Counter-confirmations of customers with reference to their own terms of use, business and/or purchase are hereby already contradicted.
Should individual provisions be or become invalid, the remaining provisions shall remain valid. The invalid provision shall be replaced by the statutory provision. By placing an order, the customer declares his agreement with our terms and conditions.
The customer is a consumer insofar as he concludes the contract for purposes that can be attributed to his private sphere. On the other hand, entrepreneur/company is any natural person, legal entity or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
These GTC are supplemented by the product information, the delivery and shipping information as well as the data protection information in their current version, which can be called up in the shop.

Conclusion of contract

The contract is concluded exclusively in electronic business transactions via the shop. The presentation of the products in the shop is not a legally binding offer, but a non-binding invitation to the customer to submit a corresponding purchase offer to the seller. By clicking the button “Now
order subject to payment” the customer submits a binding purchase offer (§ 145 BGB).

The purchase contract for the selected item(s) is concluded when the seller confirms the order. This takes place at the latest five days after receipt of the order either by means of an “order confirmation” in text form (email), the notification of delivery or by the delivery of the goods. During this time the customer is bound to his order.

Contractual object, condition and availability of goods

Contractual object is the goods specified by the customer in the order and those specified in the order and/or order confirmation at the final prices stated in the shop. Errors and mistakes there are reserved, especially regarding the availability of goods.
The quality of the ordered goods is specified in the product descriptions in the shop. Illustrations on the website may not accurately represent the products (especially colours may differ for technical reasons). Pictures serve only as illustrative material and may differ from the product. Technical data, weight, dimension and performance description are given as precisely as possible. The characteristics described here do not represent defects of the products delivered by the seller.

If no copies of the product selected by the customer are available at the time of the customer’s order, the seller will inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller will refrain from accepting the order. In this case a contract is not concluded.

If the product designated by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In doing so, he will immediately refund any payments already made by the customer.

Delivery

Unless agreed otherwise, the goods are delivered from the seller’s warehouse to the address provided by the customer.

The goods will be dispatched immediately after receipt of payment. The standard delivery time is 2 days, unless stated otherwise in the item description. The seller undertakes to deliver the goods no later than 4. Day after receipt of order. Shipments abroad can deviate from this.

Prices and shipping costs

All prices are in Euro. The 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 value added tax of the Federal Republic of Germany applies. Unless the exemption elements of § 4 No. 1b) in conjunction with § 6 a UStG apply.

For orders from non-EU countries, the prices do not include German VAT. The import sales tax typical for the country as well as any customs duties and fees are to be paid by the customer. All prices do not include the respective shipping costs (see the “Shipping and Payment Conditions” in the shop), unless otherwise stated. In Germany we ship free of charge. In other countries the free shipping may depend on a certain minimum purchase price.

Terms of payment

The payment of the ordered goods can be made optionally by:

Immediate bank transfer (SOFORT AG)
If you choose the payment method prepayment, the amount will be transferred immediately via the service of the company SOFORT AG.

Immediate bank transfer (PayPal)
If you choose the payment method PayPal, the amount is immediately transferred to the seller via the service of the company PayPal (Europe) S.à r.l. et Cie, S.C.A.

Prepayment
The customer can transfer the amount to the seller’s account (account connection: Flexible Sports GmbH, IBAN DE05641632250403510007, BIC GENODES1VHZ).
With all three variants the ordered goods will be shipped immediately after receipt of payment.

Retention of title and right of retention

The goods remain our property 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 has purchased the goods in the exercise of a commercial or independent professional activity, then he is permitted to resell them in the ordinary course of business. He hereby assigns to us 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 buyer remains authorized to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the buyer is not in default of payment.

Property rights

We reserve the industrial property rights and copyrights to all products, illustrations, contents and other documents supplied by us. Imitation by third parties requires our special permission.
Downloads and copies of these pages are only permitted for private, non-commercial use. Insofar as the contents on this site were not created by the operator, the copyrights of third parties are observed. In particular, third-party content is marked as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such contents immediately.

Legal right of withdrawal and voluntary right of return

If the customer acquires the goods for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity (“private sphere”, consumer), he is entitled to a statutory right of revocation in accordance with §§ 312g, 355 BGB, the provision of which can be called up separately in the shop (www.flexvit.band/widerruf).

Defects

If the goods are defective, then you have the statutory claims subject to Section 8. If you receive goods with defects despite comprehensive checks, our customer service will be pleased to help you.

Liability

Claims of the customer for damages are excluded, unless otherwise stated for the following reasons.
This also applies to the representative and vicarious agents of the provider, if the customer asserts claims for damages against them. Excluded are claims for damages of the customer because of injury to life, body, health or essential contractual obligations, which must be fulfilled to achieve the contract goal necessarily. Likewise this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.

Guarantee and guarantee conditions

The seller offers the customer a 12 month durability guarantee for his products.
With this the seller assures the durability of the goods.
Guarantees are only given to consumers. Buyers who act in the exercise of a commercial or self-employed professional activity do not receive a guarantee. Guarantees do not limit the legal claims, in particular those for supplementary performance, reduction, withdrawal and compensation, and are valid for the period from the handover of the goods to the consumer until the expiry of the guarantee period stated in each case. In the case of a warranty claim, the consumer can send the goods to the following address at our expense until the expiry of the stated warranty period. He will receive a repair or a replacement delivery at our discretion. The guarantee does not apply to natural wear and tear and damage caused by the buyer. The guarantor is us, Flexible Sports GmbH, Haigerloch.

Other terms of business

The place of performance for all services from the business relations existing with us as well as the place of jurisdiction is the business location of the seller, if the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer does not have a residence within the European Union. We are entitled to take legal action at the customer’s general place of jurisdiction.
German law shall apply to the exclusion of the UN Sales Convention. 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 to apply consumer law provisions.
The EU Commission has set up a platform (the so-called OS platform) for the settlement of disputes in online trade between consumers and traders (sellers). This platform and further information can be found at the following link: http://ec.europa.eu/consumers/odr/

Alternative dispute resolution pursuant to Art. 14 (1) ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr We are prepared to participate in an out-of-court conciliation procedure.