Conditions
**Table of Contents**
1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Redemption of Gift Vouchers
10. Applicable Law
11. Alternative Dispute Resolution
### 1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Jan Jelinek, trading as "Flexi Fitness" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. Any inclusion of the customer's own conditions is hereby objected to unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated.
1.3 A consumer in the context of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity.
1.4 An entrepreneur in the context of these GTC is a natural or legal person or a partnership with legal capacity, who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
### 2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve for the submission of a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the Seller by telephone, email, post, or online contact form.
2.3 The Seller can accept the customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting payment from the customer after placing the order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects a PayPal payment method during the online ordering process, the Seller already declares acceptance of the customer's offer at the time when the customer clicks the button that concludes the ordering process.
2.5 When submitting an offer via the Seller's online order form, the contract text will be stored by the Seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after sending the customer's order. The Seller does not make the contract text accessible beyond this. If the customer has set up a user account in the Seller's online shop before submitting his order, the order data will be archived on the Seller's website and can be accessed by the customer free of charge via his password-protected user account by providing the corresponding login data.
2.6 Before submitting a binding order via the Seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. A useful technical means for better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 The order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided by him for order processing is accurate so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller to process the order can be delivered.
### 3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of the contract conclusion, do not belong to a member state of the European Union and whose sole place of residence and delivery address is outside the European Union at the time of the contract conclusion.
### 4) Prices and Payment Conditions
4.1 Unless otherwise stated in the product description of the Seller, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 In individual cases, for deliveries to countries outside the European Union, further costs may arise that the Seller is not responsible for and that must be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in connection with the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment options are communicated to the customer in the Seller's online shop.
4.4 If prepayment by bank transfer is agreed, the payment is due immediately after the contract conclusion unless the parties have agreed on a later due date.
### 5) Delivery and Shipping Conditions
5.1 If the Seller offers to ship the goods, the delivery will be made within the delivery area specified by the Seller to the delivery address specified by the customer unless otherwise agreed. During the processing of the transaction, the delivery address specified in the Seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the return if the customer effectively exercises his right of withdrawal. For the return costs, the regulation in the Seller's withdrawal policy applies if the customer effectively exercises his right of withdrawal.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer or a person authorized to receive them upon handover of the goods. Contrary to this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer in the case of consumers as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment if the customer has commissioned the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only in the event that the non-delivery is not the responsibility of the Seller and the Seller has concluded a concrete covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately, and the consideration will be refunded immediately.
5.5 If the Seller offers the goods for collection, the customer can collect the ordered goods within the business hours indicated by the Seller at the address indicated by the Seller. In this case, no shipping costs will be charged.
5.6 Vouchers are provided to the customer as follows:
by email
by post
### 6) Retention of Title
If the Seller provides advance performance, he retains ownership of the delivered goods until the owed purchase price has been paid in full.
### 7) Liability for Defects (Warranty)
7.1 Unless otherwise specified in the following regulations, the statutory liability for defects applies. Deviating from this, for contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur,
the Seller has the choice of the type of subsequent performance;
the limitation period for defects in new goods is one year from the delivery of the goods;
the rights and claims for defects in used goods are excluded;
the limitation period does not start again if a replacement delivery is made within the scope of the liability for defects.
7.3 The above-mentioned limitations of liability and shortening of deadlines do not apply
for claims for damages and reimbursement of expenses of the customer,
in the event that the Seller has fraudulently concealed the defect,
for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
for a statutory recourse claim of the customer against the Seller in connection with rights from defects.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 445b BGB remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 HGB, the commercial duty to examine and give notice of defects according to § 377 HGB applies. If the customer fails to comply with the notification obligations regulated therein, the goods are deemed approved.
7.6 If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
### 8) Redemption of Promotional Vouchers
8.1 Vouchers that are issued by the Seller free of charge as part of promotions with a certain validity period and that the customer cannot purchase (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
8.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
8.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
8.7 The credit of a promotional voucher is neither paid out in cash nor does it bear interest.
8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.9 The promotional voucher is transferable. The Seller can deliver with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or lack of representative authority of the respective holder.
### 9) Redemption of Gift Vouchers
9.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop unless otherwise stated in the voucher.
9.2 Gift vouchers and remaining credits of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining credits will be credited to the customer until the expiry date.
9.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
9.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
9.7 The credit of a gift voucher is neither paid out in cash nor does it bear interest.
9.8 The gift voucher is transferable. The Seller can deliver with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or lack of representative authority of the respective holder.
### 10) Applicable Law
10.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10.2 Furthermore, this choice of law regarding the statutory right of withdrawal does not apply to consumers who, at the time of the contract conclusion, do not belong to a member state of the European Union and whose sole place of residence and delivery address is outside the European Union at the time of the contract conclusion.
### 11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.