General Terms and Conditions

1. Scope of Application

For all orders via our online store by consumers and entrepreneurs, the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his 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.

The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, 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, Correction Possibilities

The purchase contract is concluded with MoveYourClub GbR (represented by Matthias Klein, Matthias Machunze)

The presentation of the products in the online store does not represent a legally binding offer, but a non-binding online catalog. You can place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.

When the contract with us is concluded depends on the method of payment you have chosen:

SEPA direct debit, invoice via Klarna
We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.

Credit card
By submitting the order, you provide your credit card details and the credit card company performs an authorization check. After your legitimation as a legitimate cardholder, the payment transaction will be initiated automatically and your credit card will be charged upon submission of the order. At the time of the credit card charge, the contract with us is concluded.

PayPal
In the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After submitting the order in the store, we request PayPal to initiate the payment transaction and thereby accept your offer.

PayPal Plus
Within the framework of the PayPal Plus payment service, we offer you various payment methods as PayPal services. After submitting the order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. This concludes the contract with us.

Sofort by Klarna
After placing the order, you will be redirected to the website of the online provider Sofort GmbH, where you confirm the payment instruction. Thereby the contract with us comes into effect.

3. Contract Language, Contract Text Storage

The language(s) available for the conclusion of the contract: English.

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

4. Delivery Conditions

Shipping costs are added to the indicated product prices. You can find out more about the shipping costs in the offers.

We deliver only in the dispatch way. A self-collection of the goods is unfortunately not possible.

5. Payment

In our store, you can basically use the following payment methods:

Credit card
With the submission of the order, you provide your credit card information. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.

SEPA direct debit
With the submission of the order you give us a SEPA direct debit mandate. We will inform you about the date of the account debit (so-called prenotification). With the submission of the SEPA direct debit mandate, we request our bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be debited. The account will be debited before the goods are shipped. The period for advance notice of the date of the account debit (so-called prenotification period) is 1 day.

PayPal
In the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process.

PayPal Plus
As part of the payment service PayPal Plus, we offer various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.

If you have chosen the PayPal payment method, in order to pay the invoice amount, you must be registered there or register first and legitimize yourself with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the ordering process.

Credit card via PayPal
If you have chosen the payment method credit card, you do not need to be registered with PayPal to pay the invoice amount. The payment transaction is carried out immediately after confirmation of the payment instruction and after your legitimation as a legitimate cardholder by your credit card company at the request of PayPal and your card is charged. You will receive further instructions during the order process.

Direct debit via PayPal
If you have chosen the direct debit payment method, you do not need to be registered with PayPal to pay the invoice amount. With confirmation of the payment instruction you give PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will receive further instructions during the order process.

Invoice via PayPal
If you have chosen the payment method invoice, you do not need to be registered with PayPal to pay the invoice amount. After successful address and credit check and submission of the order, we assign our claim to PayPal. In this case, you can only pay PayPal with debt-discharging effect. For payment processing via PayPal apply – in addition to our terms and conditions – the terms and conditions and privacy policy of PayPal. For more information and the complete terms and conditions of PayPal for purchase on account, click here.

Sofort by Klarna
After submitting the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.

Purchase on account via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer purchase on account as a payment option. Please note that Klarna invoice are only available to consumers and that payment must be made to Klarna in each case. When buying on account with Klarna you always get the goods first and you always have a payment period of 14 days. The full terms and conditions for purchase on account can be found here.

6. Right of Withdrawal

Consumers are entitled to the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. Reservation of Proprietary Rights

The goods remain our property until full payment.

For entrepreneurs, the following shall apply in addition: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us 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 we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.

8. Transport Damages

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

The following shall apply to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) shall apply. If you fail to give notice of defects as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

9. Warranty and guarantees

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

In the case of the purchase of used goods by consumers, the following shall apply: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects shall be excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.

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.

With respect to entrepreneurs, only our own specifications 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 assume any liability for public statements made by the manufacturer or other advertising statements.

If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).

The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases

• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

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

10. Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty
• in the case of warranty promises, insofar as agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution 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 to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

11. Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr/
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. Final Provisions

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.