(1) The following terms and conditions apply to contracts that you conclude with us as the provider (FI Fitness Inspiration GmbH) via the website www.mst-nutrition.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
(1) The subject matter of the contract is the sale of goods.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract for this item via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart.”
You can call up the “shopping cart” at any time using the corresponding button in the navigation bar and make changes there.
After clicking the “Checkout” or “Proceed to order” button (or a similarly labeled button) and entering the personal data as well as the payment and shipping terms, you will finally be shown the order data as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or to the website of the instant payment system provider.
If redirected to the instant payment system, make the corresponding selection or entry of your data there. Finally, you will be shown the order data as an order overview either on the provider’s website or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to check, change (also via the “back” function of the internet browser), or cancel the order.
By submitting the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “order subject to payment”, “pay” / “pay now” or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries regarding the preparation of an offer are non-binding for you.
We will send you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless another period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract take place partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.
(1) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout”, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg; “PayPal”).
The individual payment methods via “PayPal” are displayed to you under a correspondingly designated button on our website and during the online ordering process.
“PayPal” may use other payment services for the processing of payments; insofar as special payment conditions apply for this, you will be informed of these separately.
Further information on “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full
(2) Payment via “Mollie”
If you select a payment method offered via “Mollie”, the payment will be processed by the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; “Mollie”).
The individual payment methods via “Mollie” are displayed to you under a correspondingly designated button on our website and during the online ordering process.
“Mollie” may use other payment services for the processing of payments; insofar as special payment conditions apply for this, you will be informed of these separately.
Further information on “Mollie” can be found at https://www.mollie.com/de
(1) You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.
(2) The goods shall remain our property until full payment of the purchase price has been made.
(3) If you are an entrepreneur, the following shall additionally apply:
a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Pledging or transferring ownership by way of security prior to the transfer of ownership of the reserved goods is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from such resale in the amount of the invoice value, and we accept this assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed objects at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be at our discretion.
(1) The statutory warranty rights shall apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, such deviation shall be deemed agreed only if you were informed of the same prior to the submission of the contractual declaration and the deviation was expressly and separately agreed between the contractual parties.
(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not other public statements, promotions or declarations of the manufacturer.
b) In the event of defects, we shall provide warranty, at our discretion, by rectification or replacement. If the rectification of the defect fails, you may, at your choice, demand a reduction in price or withdraw from the contract. Rectification shall be deemed to have failed after the second unsuccessful attempt, unless something else arises from the nature of the goods or the defect or other circumstances. In the event of rectification, we are not obliged to bear the increased costs arising from the transport of the goods to a location other than the place of performance, unless such transport corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:
to damages culpably caused by us resulting in injury to life, body or health or in cases of intent or gross negligence,
where we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods,
for goods which, in accordance with their normal use, have been used for a building and have caused its defectiveness,
or for statutory recourse claims which you have against us in connection with defect rights.
(1) German law shall apply. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has his habitual residence (principle of favorability).
(2) The place of performance for all services arising from business relations with us as well as the place of jurisdiction shall be our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU, or if your place of residence or habitual residence is not known at the time the action is brought. The right to also appeal to the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
(1) When selling goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally required minimum age. Any existing age restrictions are indicated in the respective product description.
(2) By submitting your order, you confirm that you have reached the legally required minimum age and that your details regarding your name and address are correct. You are obliged to ensure that only you yourself or persons authorized by you to receive the delivery who have reached the legally required minimum age receive the goods.
(3) Insofar as we are legally obliged to carry out an age verification, we instruct the logistics service provider entrusted with the delivery to hand over the goods only to persons who have reached the legally required minimum age and, in case of doubt, to request presentation of an identity card of the person receiving the goods for age verification.
(4) Insofar as we indicate in the respective product description that you must be at least 18 years old to purchase the goods, the above paragraphs 1–3 apply accordingly, with the proviso that the statutory minimum age shall be replaced by the requirement of full legal age.
FI Fitness Inspiration GmbH
Kurfürstendamm 167/168
10707 Berlin
Germany
Telephone: +49 173 3025551
Email: sales@mstnutrition.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), accessible at https://ec.europa.eu/odr.
We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.
The technical steps for concluding the contract, the conclusion of the contract itself, and the options for correction shall be carried out in accordance with the provisions “Conclusion of Contract” of our General Terms and Conditions (Part I).
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser’s print function. After receipt of the order by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will again be sent to you by email.
3.3. For quotation requests outside the online shopping cart system, you will receive all contract data within the scope of a binding offer in text form, e.g., by email, which you can print or save electronically.
The essential characteristics of the goods and/or services can be found in the respective offer.
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are displayed separately during the ordering process, and are to be borne by you additionally, unless free shipping is indicated.
5.3. If delivery is made to countries outside the European Union, additional costs may arise which are not our responsibility, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees charged by credit institutions), which are to be borne by you.
5.4. Any costs of money transfer (transfer or exchange rate fees charged by credit institutions) shall be borne by you in cases where the delivery is made to an EU Member State but the payment has been initiated outside the European Union.
5.5. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for immediate payment.
6.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your risk.
We would like to inform our customers transparently about possible additional costs for orders abroad. Depending on the destination country and order value, import charges such as value-added tax (VAT) or customs duties may apply, which are not included in the product price or shipping costs.
🇪🇺 Deliveries within the EU (e.g. France, Italy, Poland, Spain, etc.)
Within the EU, there are generally no customs duties.
However, for an order value of approximately €120 or more, local taxes (value-added tax) may be levied by the recipient country.
These charges are usually collected by the transport company upon delivery.
🇬🇧 Deliveries to the United Kingdom (UK)
Since Brexit, the United Kingdom is considered a third country.
From a goods value of £0, UK value-added tax (VAT) is due.
From a goods value of £135, additional customs duties may apply.
These amounts must be paid by the buyer directly to the delivery service upon delivery.
🇨🇭 Deliveries to Switzerland
Swiss value-added tax (7.7%) may apply from an order value of approximately €60.
In addition, customs duties may arise depending on the type of product.
Processing is usually carried out by Swiss Post or the courier service.
🇳🇴 Deliveries to Norway
For Norway, value-added tax (25%) and possibly customs duties may apply.
These are calculated by the delivery service and collected upon delivery.
❗️Important Note:
All import duties, value-added taxes, or customs charges incurred are to be borne by the customer and are not covered by MST Nutrition. Please inform yourself about the regulations in your country before placing an order.
Warranty rights are governed by the “Warranty” provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and Customer Information were created by the lawyers of Händlerbund, specialized in IT law, and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at:
https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service
Last update: 29 November 2023
