Conditions

 

General conditions of sale

scope

These terms and conditions apply to all purchases at Fitnutrition.lu [Link to "imprint"], which are made by private customers.

Private customers in this sense are people with their place of residence and delivery address in Luxembourg and other shipping countries, provided that the goods they have ordered cannot be attributed to their commercial or independent professional activity.

Business customers are asked to place orders on the order pages accessible via the business customer login [Link on Business customer login] to make.

 

Conclusion of contract

The presentation of our goods and the granting of the option to order represent a specific offer on our part to conclude a purchase contract.

By placing your order, you accept the offer and the sales contract is concluded.

You will receive an order confirmation via email to the email address you provided.

 

Prices and shipping costs

The prices awarded are final prices including sales tax. The amount that is shown at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the goods you have ordered. You can find out more about the details at [Link to "Shipping"] to inform. The regular costs of returning the goods in the event that you return the goods in exercising your right of withdrawal [Link to "Right of withdrawal"] arise, we carry. If you exercise your right of withdrawal, we will also reimburse you for the shipping costs.

 

payment

Payment is made on delivery by means of

- Apple Pay

- Credit card

- Payment in advance

- PayPal

- Digicash (Payconiq)

 

Late payment

If you are in default of payment, so is Fitnutrition.lu entitled to charge default interest of 10 percent above dThe time of the order is known request given base price. If Fitnutrition.lu a higher damage caused by default has evidently occurred Fitnutrition.lu entitled to assert this.

 

delivery

(1) Delivery is made to the delivery address specified by the customer, within of

- Germany

- France

- Luxembourg

- Belgium

- Netherlands

- Austria

- Spain

- Portugal


(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, this is an obligation of Fitnutrition.lu locked out. Amounts already paid are taken from Fitnutrition.lu refunded immediately.

(3) Fitnutrition.lu can also refuse to perform if this requires an effort that, taking into account the content of the purchase contract and the principles of good faith, is grossly disproportionate to the customer's interest in fulfilling the purchase contract. Amounts already paid are taken from Fitnutrition.lurefunded immediately.

(4) Bulky goods (packages with a volume greater than 1 m2) are usually delivered by a forwarding agent. Fitnutrition.lu expressly points out that these goods are not carried into the house.

 

Favorable shipping method for returns

(1) When returning the goods and accessories, please use the original packaging if possible, even if it has been damaged by an opening for a functional test.

(2) To return the goods, please use the fully franked and addressed return label that was sent to you by e-mail. It is the easiest and cheapest shipping option. You have no obligation to use this return process. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay us the higher costs than a cheaper shipping method.

(3) When returning, fill out the form that was sent to you and email it to us at shop@fitnutrition.lu

Retention of title

The delivered goods remain the property of until all claims against the customer from the purchase contract have been settled in full Fitnutrition.lu. As long as this retention of title exists, the customer may neither resell the goods nor dispose of them; in particular, the customer may not contractually allow third parties to use the goods.

 

Defect rights

(1) A product that is already defective upon delivery (warranty case) becomes Fitnutrition.luat the customer's option at the expense of Fitnutrition.lu by replace a faultless one or have it professionally repaired (supplementary performance). The customer will care pointed out that there is no warranty case if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in the following cases in particular:

a)in the event of damage caused to the customer by misuse or improper use,

b)in the event of damage caused by the customer's products being exposed to harmful external influences (in particular extreme temperatures, humidity, exceptional physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).

(2) Fitnutrition.lu furthermore does not guarantee a fault that has arisen as a result of improper repairs by a service partner not authorized by the manufacturer.

(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer's service interests in view of the product price, taking into account the content of the contract and the principles of good faith - with the value in particular of the purchased item in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be used without significant disadvantages for the customer - the customer's claim is limited to the other type of supplementary performance. The right of Fitnutrition.luRefusing this other type of supplementary performance under the aforementioned condition remains unaffected.

(4) Both in the event of repairs and in the event of a replacement delivery, the customer is obliged to replace the product at the expense of Fitnutrition.lu to the return address specified by you, stating the order number. Before sending the product, the customer must remove any objects he has inserted. Fitnutrition.lu is not obliged to examine the product for the installation of such objects. Is liable for the loss of such items Fitnutrition.lu not unless it was for the withdrawal of the product Fitnutrition.lu without additional recognizable that such an object has been inserted into the product (in this case informed Fitnutrition.luthe customer and has the item ready for the customer to collect; the customer bears the resulting costs). The customer must also, before sending in a product for repair or replacement, if necessary, to create separate backup copies of the system software on the product, the applications and all data on a separate data carrier and to deactivate all passwords. Liability for data loss is not taken. It is also the responsibility of the customer to install the software and data and reactivate the passwords after the repaired product or the replacement product has been returned.

(5) If the customer sends in the goods in order to receive an exchange product, the return of the defective product is based on the following stipulation: If the customer was able to use the goods in a defect-free condition between delivery and return, they have the value of the ones they took To reimburse usages. For any loss or further deterioration of the goods that was not caused by the defect and for the impossibility of surrendering the goods in the period between delivery of the goods and the return of the goods, the customer must pay compensation. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to pay compensation does not apply to the return of a defective product in the event of a warranty claim,

a)if the defect justifying withdrawal only became apparent during processing or redesign,

b)if Fitnutrition.lu is responsible for the deterioration or destruction or for the damage Fitnutrition.lu would have occurred

c)if the deterioration or destruction has occurred at the customer's, although the customer has observed the care that he is used to in his own affairs.

(6) The customer's liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible is based on the statutory provisions.

(7) The customer can choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in the product being in conformity with the contract within a reasonable period of time.

(8) In addition, claims can be made against the manufacturer within the framework of a guarantee granted by this exist, which are based on the corresponding guarantee conditions.

(9) The legal guarantee of Fitnutrition.lu ends two years from delivery of the goods. The deadline starts once goods are received.

 

liability

(1) We are liable for slight negligence Fitnutrition.lu only in the event of a breach of essential contractual obligations and limited to the foreseeable damage. This restriction does not apply to injury to life, limb and health. We are liable for other damage caused by slight negligence due to a defect in the object of purchase Fitnutrition.lu Not.

(2) Regardless of any fault of Fitnutrition.lu remains a liability of Fitnutrition.luunaffected in the case of fraudulent concealment of the defect or from the assumption of a guarantee. The manufacturer's guarantee is a guarantee from the manufacturer and does not constitute a guarantee Fitnutrition.lu represent.

(3) Fitnutrition.lu is also responsible for the accidental impossibility of delivery during their delay, unless the damage would have occurred even if delivery had been made on time.

(4) The personal liability of the legal representatives, vicarious agents and employees of Fitnutrition.lu for damage caused by you through slight negligence.

 

Applicable Law

The one between you and Fitnutrition.lu concluded contract is subject exclusively the law of Luxembourg with the express exclusion of the UN sales law. The mandatory provisions of the state in which you have your habitual residence remain unaffected.

 

Place of jurisdiction

If, contrary to your information when ordering, you do not have a place of residence in Luxembourg or if you move your place of residence abroad after signing the contract or The place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship [Seat of the operator of the online shop].

 

Dispute resolution

General information requirements for alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Settlement Act):

The European Commission provides a platform for online dispute resolution, which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Final provisions

(1) Should individual provisions of this contract be or become wholly or partially ineffective or void, this shall not affect the effectiveness of the rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged as a result.

(2) Changes or additions to this contract must be made in writing.

 

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