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Terms and conditions

1. Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of MoveYourClub GbR, represented by the partners Matthias Klein and Matthias Machunze (hereinafter referred to as “Vendor”), apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Vendor regarding the goods displayed by the Vendor in his online store. Herewith the inclusion of the customer’s own terms and conditions is contradicted, unless otherwise agreed.

1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

1.3 With respect to entrepreneurs, these GTC shall also apply to future business relations without us having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting party, conclusion of contract

2.1 The contract is concluded with MoveYourClub GbR, represented by the partners Matthias Klein and Matthias Machunze.

2.2 The presentation of the products in the online store is not a legally binding offer, but a non-binding online catalog and serves for the submission of a binding offer by the customer.

2.3 The customer can initially place the seller’s products in the shopping cart without obligation and correct the entries at any time before sending a binding order by using the correction aids provided and explained in the order process. By clicking the order button, the Customer places a binding order for the goods contained in the shopping basket. The confirmation of receipt of the order is sent by e-mail immediately after the order has been sent.

2.4 When the contract with the seller is concluded depends on the payment method chosen by the customer:

Invoice via Klarna
The seller accepts the order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.

Prepayment
The seller accepts the order by sending a declaration of acceptance in a separate e-mail within two days, in which we provide you with our bank details.

Credit card
When placing the order, the customer provides his credit card details and the credit card company carries out an authorization check. After the legitimation as legitimate cardholder, the payment transaction is automatically initiated and the customer’s credit card is charged when the order is placed. At the time of the credit card debit, the contract with the seller is concluded.

Klarna PayNow
By submitting the order, the customer gives the online supplier Klarna a direct debit mandate. Klarna collects the invoice amount from the customer’s bank account. Klarna will inform the customer about the date of the debit within two days after receipt of the order by the seller (so-called prenotification). The contract with the seller is thereby concluded.

PayPal
During the order process, the customer is redirected to the website of the online provider PayPal. There the customer can enter his payment data and confirm the payment instruction to PayPal. After placing the order in the store, the seller asks PayPal to initiate the payment transaction and thereby accepts the customer’s offer.

SOFORT by Klarna
After placing the order, the buyer is redirected to the website of the online provider Sofort GmbH, where the customer confirms the payment order. Thereby the contract with the seller is concluded.

3. Delivery and availability of goods

3.1 Unless otherwise stated in the order process, the delivery time for order quantities of up to 9 articles is 10-14 working days. If the order quantity is 10 to 49 articles, the delivery time is extended to 12-16 working days. If the order quantity is more than 50 items, the delivery time is 14-18 business days. The seller points out that he delivers the goods via a postal service provider and therefore has no influence on the postal delivery time.

3.2 If no copies of the product selected by the customer are available at the time of the customer’s order, the seller shall inform the customer immediately in the order confirmation. If the product is permanently unavailable, the Seller shall refrain from issuing a declaration of acceptance. In this case a contract shall not be concluded.

3.3 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 delay in delivery, the customer has the right to withdraw from the contract.

3.4 Shipment will be effected after receipt of payment and after completion of production. In the case of payment on account, shipment will be effected upon completion of production.

4. Retention of title

4.1 The goods remain the property of the seller until full payment has been received.

4.2 For entrepreneurs the following applies additionally: The seller reserves the right of ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. The customer may resell the goods subject to retention of title in the ordinary course of business; the customer assigns to the seller in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and the seller accepts this assignment. The customer remains authorized to collect the claims, but the seller may also collect claims himself if the customer does not meet his payment obligations.

5 Prices and shipping costs

5.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.

5.2 Since customs costs cannot reasonably be calculated in advance, the customer is advised that the order is subject to customs duties. In accordance with the customs laws, the customer is obliged to carry out or arrange for the proper customs clearance of the goods immediately after crossing the border into the country of destination.

5.3 The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer. The shipping costs result from the respectively valid table of shipping costs, available at https://moveyourclub.com/shipping-delivery/

5.4 The goods will be shipped by mail. The seller bears the shipping risk if the customer is a consumer.

5.5 We do not deliver to packing stations.

6. Payment modalities

In the online store of the seller the following payment methods are available to the customer:

Prepayment
If the payment method prepayment is selected, the seller provides the customer with his bank details in a separate e-mail and delivers the goods after receipt of payment.

Credit card
When placing the order, the customer provides his credit card details. Once the customer has been legitimized as the rightful cardholder, the payment transaction is carried out automatically and the customer’s card is charged.

Klarna PayNow
After successful address and creditworthiness checks during the order process, the customer issues a SEPA direct debit mandate to the online provider Klarna when placing the order. Klarna will inform the customer about the date of the account debit (so-called prenotification). Upon submission of the direct debit mandate, Klarna will request the customer’s bank to initiate the payment transaction. The payment transaction will be executed automatically and the customer’s account will be debited. The account will be debited after the goods are shipped. For the payment transaction via Klarna – in addition to the terms and conditions of the seller – the terms and conditions and the privacy policy of Klarna apply. The customer receives further information during the ordering process.

PayPal
During the order process, the customer is redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, the customer must be registered there or first register, legitimize with his login data and confirm the payment instruction to the seller. After placing the order in the store, the seller asks PayPal to initiate the payment transaction. The payment transaction is automatically executed by PayPal immediately afterwards. The customer receives further instructions during the ordering process.

SOFORT by klarna
After submitting the order, the customer is forwarded to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, the customer must have a bank account activated for online banking, must legitimize himself accordingly and confirm the payment instruction to the seller. The customer receives further instructions during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and the customer’s account will be debited.

Invoice via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, the seller offers invoice purchase as a payment option. Klarna Invoice is only available for consumers and payment must be made to Klarna in each case. When buying on account with Klarna, the customer always receives the goods first and always has a 14-day payment period. The complete terms and conditions for purchase on account can be found here.

7. Warranty for material defects, guarantee

7.1 Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

7.2 The following applies to the purchase of used goods by consumers: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.

7.3 For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

7.4 In relation to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not be liable for public statements by the manufacturer or other advertising statements.

7.5 If the delivered goods are defective, we shall initially provide a warranty to entrepreneurs at our discretion either by eliminating the defect (rectification of defects) or by delivering a defect-free item (replacement delivery).

7.6 The above restrictions and shortening of deadlines shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents.

  • in case of injury to life, body or health
  • in case of intentional or grossly negligent breach of duty and fraudulent intent
  • in case of violation of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • within the framework of a guarantee promise, if agreed, or
  • as far as the scope of application of the product liability law is opened.

7.7 Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online shop.

8. Liability

8.1 For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always have unlimited liability

  • in case of injury to life, body or health
  • in case of intentional or grossly negligent breach of duty
  • in the case of guarantee promises, if agreed, or
  • as far as the scope of application of the product liability law is opened.

8.2 In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

8.3 Any further liability of the seller is excluded.

9. Copyrights for print designs, release from liability

9.1 The customer expressly assures that he is entitled to publish the texts and motifs and to reproduce them. In particular, the customer shall ensure that he respects the data protection and personal rights of any persons affected. The customer undertakes not to transmit any data whose contents violate third-party property rights (e.g. trademark rights, copyrights) or violate existing laws or morality.

9.2 In addition, we reserve the right to subject racially, politically and individually discriminating text contents to a special examination and to reject the product order accordingly.

10. Right of withdrawal

10.1 Consumers are generally entitled to a right of withdrawal.

10.2 More detailed information on the right of revocation is contained in the Seller’s revocation instructions, which can be viewed at https://moveyourclub.com/right-of-withdrawal/

11. Applicable law

All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

12. Place of jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the registered office of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the Seller shall in any case be entitled to call upon the court at the Customer’s place of business.

13. Alternative dispute resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: http://ec.europa.eu/consumers/odr

This platform serves as a contact point for the extrajudicial settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

13.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

14. Final provisions

The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.